Home  |  Request For Evidence  |   

Some Typical Requests and Questions Asked in the Request For Evidence (RFE) Notice

The following are some typical requests and questions asked by USCIS immigration officers in the Request For Evidence (RFE) notice for petitions of EB1-Extraordinary Ability (EB-1A), EB1-Outstanding Researcher or Professor (EB-1B), EB1-Multinational Executives or Managers (EB-1C), National Interest Waiver (NIW), O-1 Visa Application and Extension (O-1A and O-1B), and L-1 visa application or extension (L-1A and L-1B). Not every RFE asks all of these questions, it depends on each case and different immigration officers.  1. Request For Evidence for EB1-Extraordinary Ability Petition The additional evidence requested in the RFE notice of EB-1A petition often includes the following categories: Sustained national or international acclaim; Risen to the very top of a field; Accomplishments and original contributions; Independent witnesses; Publications and citations;  Published materials about the alien in professional or major trade publications;  Awards, patents, membership;  Judging of other's work; Specific evidence. The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for EB-1A petition: 1) Please note that the mere submission of three or more of the ten required items may not establish eligibility for this classification. Extraordinary ability is defined as a level of experience indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor. You must submit additional evidence that clearly demonstrate that you have sustained national or international acclaim, and that your achievement have recognized as extraordinary by others in the field. 2) The record shows the petitioner has submitted several letters of recommendation in support of his visa petition. However, a successful petition is not solely dependent on support letters, so further documentary evidence showing that the petitioner's original contributions are of major significance is needed. 3) Please demonstrate how your achievements are more significant than others in the field, and are above that normally attained by somebody at your current level. To establish this, you should submit letters from independent witnesses who have not worked with you but are familiar with your impact on the filed. 4) The record shows that the petitioner has articles published and that others have cited. However, as the publication of articles is part of the career path of a research scientist, additional evidence, such as further documentation of published articles that cite them, is needed to show that the beneficiary has national or international acclaim for having extraordinary ability. 2. Request For Evidence for EB1-Outstanding Researcher or Professor Petition The additional evidence requested in the RFE notice of EB-1B petition often includes the following categories: Sustained international acclaim; Outstanding ability; Accomplishments and original contributions; Independent witnesses; Publications and citations;  Published materials about the alien in professional publications;  Awards, patents, membership;  Judging of other's work; Specific evidence. The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for EB-1B petition: 1) The alien beneficiary shows that he has published research work and presented abstracts at workshops and conferences. The evidence does not show how this has distinguished the beneficiary and elevated him to sustained international acclaim. Please explain in more detail. 2) The evidence does not establish that beneficiary qualifies for alien of outstanding ability in sciences. You have submitted letters for various experts, and although they contain praise, the caliber of that praise is mixed. It is often the praise of senior scientist about a promising younger colleague. You wrote a significant breakthrough. Please submit copies of published articles, which cited this significant breakthrough. 3) The record contains exhibits from collaborators, colleagues, and former laboratory superiors who in varying degrees speak well of the research efforts of the alien beneficiary. Since all of the witness pool list has been connected to the beneficiary in the past, it does not suggest sustained international recognition. Please submit letters from professional unconnected to the beneficiary. 4) You indicated that the alien beneficiary has made contributions to chapters of books which are recognized as authoritative and monumental works. Please submit evidence that these articles and presentations have been cited in the published work of others or explain if that is not the case. 3. Request For Evidence for EB2-National Interest Waiver Petition After a petitioner has established eligibility for EB-2 classification, U.S. Citizenship and Immigration Services (USCIS) may, as matter of discretion, grant a national interest waiver if the petitioner can meet the following3-prong requirements in the Matter of Dhanasar: 1) the foreign national's proposed endeavor has both substantial merit and national importance; 2) the foreign national is well positioned to advance the proposed endeavor; and 3) on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 20 16). The first prong of Matter of Dhanasar, substantial merit and national importance, focuses on the specific endeavor that the foreign national proposes to undertake. The endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In determining whether the proposed endeavor has national importance, USCIS will consider its potential prospective impact. The second prong of Matter of Dhanasar shifts the focus from the proposed endeavor to the foreign national. To determine whether he or she is well positioned to advance the proposed endeavor, USCIS will consider the factors of the individual's education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals. The third prong of Matter of Dhanasar requires the petitioner to demonstrate that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. In performing this analysis, in light of the nature of the foreign national's qualifications or the proposed endeavor, USCIS may evaluate factors such as: 1) whether it would be impractical either for the foreign national to secure a job offer, or for the petitioner to obtain a labor certification; 2) whether even assuming that other qualified U.S. workers are available, the United States would still benefit from the foreign national's contributions; and 3) whether the national interest in the foreign national's contributions is sufficiently urgent to warrant forgoing the labor certification process. In each case, the factors considered must, taken together, indicate that on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. In announcing the Dhanasar framework, USCIS has vacated its prior precedent decision, Matter of New York State Department of Transportation, 22 I&N Dec. 215 (Act. Assoc. Comm'r 1998) (NYSDOT). The additional evidence requested in the RFE notice of NIW petition often includes the following categories: Exceptional ability and accomplishments; Substantial intrinsic merit; Benefits in national scope; Demonstrating that the national interest would be adversely affected if a labor certification were required for the alien; Serving the U.S. national interest substantially greater than others; Independent witnesses; Labor certification and labor shortage; Publications and citations;  Past achievements; Specific evidence. The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for NIW petition: 1) To show that the alien is an lien of exceptional ability in the science, arts, or business, the petition must be accomplished by at least three of the six types of evidence outlined in the Part 204.5(k)(4). Please provide evidence showing that the petitioner's work has made a significant contribution to the world of scientific research outside her immediate circle of professors, collaborators, and colleagues. 2) A precedent decision, Matter of New York State Dept of Transportation, enumerates factors that must be considered when evaluating a request for a national interest waiver. The petitioner must show that the alien seeks employment in an area of substantial intrinsic merit. Please provide supporting evidence to show that the alien seeks employment in an area of substantial intrinsic merit. 3) Submit evidence to persuasively establish that the national interest would be adversely affected if employer were required to obtain labor certification from the U.S. Department of Labor. Would a U.S. worker with the same minimum qualification be able to perform the same duties and serve the national interest to a similar degree? How will the petitioner be able to serve the national interest to a substantially greater degree than other individuals in the field? Please submit persuasive documentary evidence to substantiate your response. 4) You must establish you have a past record of specific prior achievement that justifies projections of future benefit to the national interest. You must establish, in some capacity, your ability to serve the national interest to a substantially greater extent than the majority of your colleagues. You must demonstrate to some degree your influence on your field of employment as a whole. 4. Request For Evidence for EB1 Multinational Executives or Managers (EB-1C) Petition The additional evidence requested in the RFE notice of EB-1C petition often includes the following categories: Beneficiary's executive or managerial capacity; Beneficiary's executive or managerial job duties; Beneficiary's percentage of time spending; Beneficiary's U.S. company and subordinates information Evidence that establishes the financial status of the U.S. organization; U.S. company's organizational chart; Foreign entity's organizational chart; U.S. company's sufficient number of employees; U.S. employer's ability to pay; Petitioner's multinational character; Beneficiary's foreign employer information; Professional Employees. The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for EB-1C petition: 1) Provide evidence to show the beneficiary, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year in an executive or manager capacity by a firm or corporation, or an affiliate or subsidiary. Provide evidence of the staffing level at the foreign company including position titles, duties, and educational levels of all employees. 2) Provide a copy of the beneficiary's W-2 wage-earning statements for the last year. It is unclear of the beneficiary's duties, the petitioner stated the he has the duties of an executive and a manager, please submit a definitive statement from the foreign company and the U.S. company describing the job duties of the beneficiary at the U.S. entity, including: position title, lists all daily duties, percentage of time spent on each duty, number of subordinate managers/supervisors or other employees who report directly to the beneficiary; and, a brief description of their job titles, duties and education level; if the beneficiary does not supervise other employees, specify what essential function within the organization he/she manages. 3) Submit documentary evidence to establish the qualifying corporate interrelationship between the United States business entity and the foreign business entity that employs or employed the alien. Such evidence must establish common ownership and/or control between the foreign entity and the United States entity. Evidence of a qualifying relationship may include, but is not limited to, annual reports, statements from the organization's president or corporate secretary, articles of incorporation, financial statements, and/or evidence of ownership of all outstanding stock and the stock ledger for both entities. 4) Provide petitioner's organizational chart in U.S. describing its managerial hierarchy and staffing levels and the beneficiary's position on the chart and all employees under the beneficiary's supervision by name, job tile, and description of job duties. Submit employer's Quarterly Report, for the last eight quarters. " 5. Request For Evidence for O-1A /O-1B Visa Application or Extension RFE for O-1A Visa Application or Extension: To qualifies as an alien of extraordinary ability as scientists, educators, business people and athletes, those foreign nationals must have sustained national or international acclaim, and their achievements have been recognized in the field through extensive documentation. In addition, the foreign person is seeking to enter the United States to continue to work in the field of endeavor that is the subject of the acclaim. USCIS regulation of 8 C.F.R. § 214.2(o)(3)(iii) requires that to qualify for O-1A classification, an alien must "demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence" of either receipt of a major, internationally recognized award such as the Nobel Prize or documentation of at least three of the following: 1) Receipt of a lesser nationally or internationally recognized prize for achievement in the field. This could include a fellowship, a competitive assistantship. 2) Membership in associations in the field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable. 3) Material published about the alien in major trade publications or other major media. The material must concern the alien’s work in the field. Publications could range from journals specific to the field to major newspapers. The materials are not limited to print; 4) Serving as a judge of others in the alien’s field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee. 5) Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field. This standard is wide open. Basically, the USCIS will base its judgment of the alien’s contribution on the letters of support that others in the field submit. So letters from recognized authorities in the field who consider the alien’s contribution is original and significant will satisfy this requirement.  6) Authorship of scholarly articles in the field. This refers to articles that the alien wrote concerning his or her work rather than material written about the alien by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement. 7) Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for a Museum of Art, or serving as an essential researcher for an important laboratory.  8) Commanding a high salary in the field. The regulation requires that the alien’s salary or remuneration be high in relation to others in the field, so a teacher needs not make as much as a professional football player. Generally, the person must satisfy at least 3 of 8 criteria for establishing extraordinary ability for O-1A petition. The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for O-1A visa application or extension: 1) Please note that the mere submission of three or more of the ten required items may not establish eligibility for this classification. Extraordinary ability is defined as “a level of experience indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.” You must submit additional evidence that clearly demonstrate that you have sustained national or international acclaim, and that your achievement have recognized as extraordinary by others in the field. 2) The record shows the petitioner has submitted several letters of recommendation in support of his visa petition. However, a successful petition is not solely dependent on support letters, so further documentary evidence showing that the petitioner's original contributions are of major significance is needed. 3) The record contains exhibits from collaborators, colleagues, and former laboratory superiors who in varying degrees speak well of the research efforts of the alien petitioner. Since all of the witness pool list has been connected to the alien petitioner in the past, it does not suggest sustained national or international recognition. Please submit letters from professional unconnected to the alien petitioner. 4) The record shows that the petitioner has articles published and that others have cited. However, as the publication of articles is part of the career path of a research scientist, additional evidence, such as further documentation of published articles that cite them, is needed to show that the beneficiary has national or international acclaim for having extraordinary ability. 5) The record shows some citations made by others of the petitioner' work, but this criterion requires that the evidence of articles about the petitioner's work, not articles that reference them to support their own. If further evidence of this criterion is to be submitted, it must also include that the work is significant: an unevaluated listing in a subject matter index or footnote, or a reference to the work without evaluation is insufficient, or a mere reference to his work or inclusion of his publications in bibliographies or footnotes, would also be insufficient for this criterion. 6) If the evidence includes awards or prizes, explain the reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient. It is noted that travel grants and scholarship to further education are not considered to be awards in this sense. Also, awards won while still a student have much less evidentiary weight than awards won while working as a professional in the field. 7) The record shows that the petitioner has participated in the peer review process. While this suggests recognition of the petitioner's knowledge and competence, but further is needed to show that the petitioner has extraordinary ability. If further evidence of this criterion is to be submitted, it must include information regarding the criteria for selection as a panelist, reviewer, etc. 8) Please submit copies of relevant portions of all approved U.S. and /or foreign government and /or business grants or other funding for projects where the alien petitioner is named as an investigator, co-investigator, key person, or other. The documentation should clearly show that the project has been approved, the amount of funding, the duration of funding, a brief description of the project, and that the alien petitioner is a member of the project team. Please highlight anywhere in the documentation where the alien petitioner’s name and role are shown.   RFE for O-1B Visa Application or Extension: For one working in the arts and entertainment industry, the USCIS defines the person with Extraordinary Ability as having a high level of achievement in the arts as a level of prominent or well-known. This category is not simply limited to performers but also to individuals who are active behind the scenes. These may include lighting designers, choreographers, conductors, costume designers, music coaches, animal trainers, and fight masters. USCIS regulations define "arts" to include "any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts and performing arts."  Persons coming to work in the arts or entertainment must show "extraordinary ability" by demonstrating they have "distinction" in their field. Here, distinction means a "high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts." To demonstrate the "distinction," the petitioner must demonstrate that: (A) the beneficiary has been nominated for or has received a significant national or international awards or prize such as an Academy Award, an Emmy, a Grammy, a Director's Guild Award, or  (B) the beneficiary meets at least three of the following six forms of documentation: 1) Evidence that the alien has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity released, publications contracts, or endorsements;  2) Evidence that the alien has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications; 3) Evidence that the alien has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials; 4) Evidence that the alien has a record or major commercial or critically acclaimed success as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications; 5) Evidence that the alien has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the filed in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or 6) Evidence that the alien has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidence by contracts or other reliable evidence.   Generally, the person must satisfy at least 3 of 6 in criteria for establishing extraordinary ability for O-1B purposes. Other "comparable evidence" to demonstrate "distinction" can also be accepted. If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility, but this exception does not apply to the motion picture or television industry. The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for O-1B visa application or extension: 1) To qualify for O-1B visa classification based on receipt of a significant national or international award, please provide documentation to show that the beneficiary was nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field. 2) You may submit evidence to establish that the beneficiary has performed in the past, and will perform in the future, in productions or events with distinguished reputations may include critical reviews, advertisements or publicity releases, or publications. 3) Evidence to establish that the beneficiary has achieved national or international recognition for his or achievements may include, critical reviews or other published materials by or about the beneficiary in major newspapers, major trade journals, major magazines; or other publications. 4) Evidence to establish that the beneficiary has performed in the past, and will perform in the future, for organizations and establishments that have distinguished reputations, you must show that the beneficiary has played, and will play a lead, starring, or critical role for those organizations and establishments and may include newspaper articles or other published materials about the beneficiary and the organizations and establishments where he or she has performed and will perform. 5) You also provide evidence of chart ratings, and other evidence of occupational achievements reported in trade journals, major newspapers, or other publications, include circulation figures. In addition, please include an explanation as to the significance of the evidence submitted in response to this request. 6) You must provide evidence to establish that the beneficiary received significate recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field of endeavor. Such testimonials must be from experts in the field which clearly indicate the author's authority, expertise, and knowledge of the beneficiary's achievements. 7) The documentation must show the beneficiary has either commanded a high salary, or will command a high salary or other substantial remuneration for services in relation to others in the field. Please provide evidence to establish whether the beneficiary’s compensation is high relative to that of others working in the field. 6. Request For Evidence for L-1A /L-1B Visa Application or Extension RFE for L-1A Visa Application or Extension: The additional evidence requested in the RFE notice of L-1A visa application or extension often includes the following categories: The beneficiary's duties of as an executive or manager in entities inside and outside the United States; Company structure and organizational chart for entities inside and outside the United States; The beneficiary's subordinates information; The beneficiary's employment evidence; Additional evidence for opening a new office/business in United States; Evidence that establishes the financial status of the U.S. organization. The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for L-1A visa application or extension: 1) The information submitted does not describe the scope and duties of the position held by the beneficiary in a qualifying capacity. Submit evidence to establish that the beneficiary has been employed abroad, by a qualifying organization, in a managerial or executive capacity for one continuous year of full-time employment within the three years prior to the filing date of the petition. 2) Submit evidence for the duties of general managerial functions, and specify exactly what the beneficiary will do. Submit evidence and an organization chart to show where, what position, and the duties the beneficiary is expected to return after completion of his/her assignment in the United States. 3) To assist us in determining whether the beneficiary is or will be employed in a qualifying managerial or executive capacity. Please provide evidence of how many subordinate supervisors are or will be under the beneficiary's management? what are the job tides and job duties of those employees? 4) Provide photographs of the interior and exterior of all the premises that you have secured for the U.S. entity. Submit evidence to show how your new company in the United States will grow to be of sufficient size to support a managerial or executive position. This evidence should demonstrate that the beneficiary, within one year of operation, will be relieved from performing the non-managerial, day-to-day operations involved in producing a product or providing a service. RFE for L-1B Visa Application or Extension: The additional evidence requested in the RFE notice of L-1B visa application or extension often includes the following categories: The beneficiary's specialized knowledge; Evidence to show the scope and duties of the position held by the beneficiary in a qualifying capacity; The beneficiary's one year employment with L1 visa sponsor outside the United States; The beneficiary's job description, the percentage of time to be spent on each duty, level of responsibility; Beneficiary's training or experience; Employer's Information The following are some typical requests and questions asked by USCIS adjudicators in Request For Evidence (RFE) for L-1B visa application or extension: 1) Submit probative evidence verifying that the beneficiary's specialized knowledge is uncommon, noteworthy, or distinguished by some unusual quality and is not generally known by practitioners in the beneficiary's field of endeavor. Substantiate that his advanced level of knowledge of the processes and procedures of the company distinguish him from those with only elementary or basic knowledge. 2) Submit evidence to show the beneficiary, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation, or an affiliate or subsidiary, and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that involves specialized knowledge. 3) USCIS is required to make comparison not only between the beneficiary and general labor market, but also between the beneficiary and the remainder of the petitioner's workforce. Please submit probative evidence to corroborate the statements made in its initial filings, and provide evidence to establish how the beneficiary's training, experience and job duties are materially different from those of other engineers employed by the petitioning organization or in the industry at large. 4) Submit additional information on the number of foreign national employees employed at the locations where the beneficiary will be employed, and the number of persons holding the same or similar positions as the beneficiary at the U.S. location.

 

 

For All Your Immigration and Green Card Application Needs                                                                   © Green Card Application Service, www.greencardapply.com