An O‑1 visa applicant may receive a Request for Evidence (RFE) from USCIS if the initial petition is missing required documentation or if additional information is needed to determine eligibility. An RFE outlines exactly what supplementary evidence is required, where to send it, and the deadline for submission.
It is important to understand that an RFE is not a denial; it simply indicates that further documentation is necessary for a complete evaluation. While an RFE does not guarantee a negative outcome, it does delay processing and requires you to invest additional effort and resources to respond appropriately.
An O‑1 visa approval after receiving an RFE is certainly possible. Although reviewing officers do their best to adhere to the law, they are human and errors can occur. However, any delay due to an RFE means that you must carefully compile and submit the requested documents in one complete response. USCIS expects a single, comprehensive reply—if only partial evidence is provided, they will make a decision based solely on what is received.
WHAT ARE MY OPTIONS FOR SUBMITTING A RESPONSE?
In general, you have three options when responding to an RFE:
1. Submit all the requested documentation before the deadline.
2. Submit a partial response, knowing that USCIS will evaluate your petition based on the information provided.
3. Do not respond at all. (Failure to respond, or responding after the deadline, will result in USCIS either adjudicating the petition without the missing documents or deeming your application abandoned—typically leading to a denial.)
SUBMITTING A RESPONSE
Whether you choose to submit all or part of the requested evidence, keep in mind that USCIS allows only one chance to respond to an RFE. Your response must be submitted in one complete package; if you only include some of the required documents, USCIS will proceed with an adjudication based on the partial evidence.
While submitting a partial response is not advisable, it may be necessary if you are constrained by time or available documentation. In rare cases, USCIS may issue an additional RFE or a Notice of Intent to Deny (NOID). The time required to gather and submit the necessary response will depend on the scope of the evidence requested.
For instance, sometimes an RFE asks for a few missing documents, while in other instances it may be as extensive as requesting thousands of pages. Remember, an RFE is not the end of your application; many successful O‑1 visa petitions are approved after an RFE response.