If you’re a foreign national or employer navigating the U.S. immigration process, you’ve likely heard of the term RFE, short for Request for Evidence. In 2025, RFEs are more than just a minor inconvenience — they’ve become a major checkpoint in the immigration journey, particularly for employment-based visas like the H-1B.
What is an RFE?
An RFE (Request for Evidence) is a formal request from U.S. Citizenship and Immigration Services (USCIS) asking for additional documents or clarification before they can approve or deny an immigration petition.
It’s important to stress: An RFE is not a denial. It simply means USCIS needs more proof to make a decision. However, if handled poorly — or ignored — it could easily lead to a denial.
RFE Rates Are Climbing — Here’s What We Are Experiencing On The Ground.
At The Build Fellowship, our immigration team actively tracks the petitions we help support, and we are already seeing a sharp increase in RFE rates in 2025 (as of March 5, 2025) - increasing 23 percentage points since 2024.
This sharp increase aligns with broader political trends. Immigration attorneys and employers are reporting heightened scrutiny from USCIS, particularly around specialty occupation classifications, employer-employee relationships, and degree qualifications for foreign nationals.
How Trump’s 2025 Re-Election is Driving RFE Increases
One of the clearest drivers behind the spike in RFEs in 2025 is the re-election of Donald Trump. Based on Trump’s immigration stance during his first term (2017-2021) and early executive actions since returning to office in January 2025, immigration policy has once again shifted toward increased enforcement and heightened scrutiny — especially in employment-based immigration.
How Presidential Power Shapes RFEs
The President doesn’t directly issue RFEs, but the executive branch oversees USCIS, which is part of the Department of Homeland Security (DHS). The President appoints the DHS Secretary and the USCIS Director, both of whom have enormous discretion over:
- Setting adjudication standards for visa petitions.
- Issuing policy memoranda that influence how officers evaluate cases.
- Creating internal training materials that guide RFE triggers.
- Prioritizing worksite enforcement, which indirectly influences how strictly petitions are reviewed.
Trump’s Record and What It Means for 2025 RFEs
During Trump’s first term, RFEs skyrocketed, especially for H-1B petitions. This was no accident — his administration issued policy memos encouraging USCIS officers to:
- Apply stricter standards to specialty occupation determinations.
- Heavily scrutinize third-party placements (common in IT consulting).
- Question the validity of degree equivalency evaluations from certain providers.
- Make it easier for officers to issue RFEs instead of approvals when they had any doubt about eligibility.
Here’s some data we put together to demonstrate the disparity in historical rates of RFEs between the Trump administration vs the Biden administration on RFEs.
As shown in the chart, the average RFE rate under the Trump administration (2017-2020) was on average 20-40 percentage points higher than the Biden administration (2021-2024).
There is also significant seasonal patterns to RFE Rates under the Trump administration, with the lowest RFE rates in May which climbs steadily, peaking in Q4 (October-December):
With Trump back in office in 2025, immigration attorneys are already reporting a return to these stricter adjudication patterns. Combined with Trump’s public statements promising to reduce work visa approvals and prioritize American workers, the surge in RFEs we’re seeing at The Build Fellowship isn’t surprising — and is likely to intensify throughout 2025 and beyond.
Why Do Applicants Receive RFEs?
USCIS issues RFEs for a variety of reasons, but most boil down to one thing: the initial petition didn’t provide enough clear, convincing evidence to satisfy eligibility requirements.
Common Triggers for RFEs
What Does an RFE Look Like?
A standard RFE from USCIS typically includes:
- Explanation of the Issue: USCIS explains exactly what they believe is missing or unclear in your original filing.
- Specific Evidence Requested: This might include degrees, work samples, letters of support, financial documents, or legal clarifications.
- Response Deadline: Usually, applicants get 87 days to respond, but the timeframe can vary.
Step-by-Step Guide to Responding to an RFE
Here’s how to approach an RFE strategically to give yourself the best chance of approval:
1. Read It Thoroughly — and Break It Down
Go through the RFE line by line. Highlight key requests and create a checklist so nothing gets missed.
2. Gather Documents (and Extra Evidence)
Don’t just send the bare minimum. The goal is to overwhelm USCIS with clarity — think of it like answering every possible follow-up question before they even have to ask.
3. Organize Your Response
Use a clear, labeled format with a cover letter explaining how each document addresses the specific issue raised in the RFE.
4. Consult with an Immigration Attorney
This is especially important if the RFE raises legal or technical questions. If you need a trusted lawyer, our vetted network of immigration attorneys can connect you with experienced experts who understand employment-based immigration inside and out.
5. Respond Early
Never wait until the last minute. USCIS must receive the full response before the deadline — not just a postmark date.
Tips for Avoiding RFEs
Special Considerations for H-1B Applicants
H-1B petitions, especially for tech roles, are a prime target for RFEs. This is largely because:
- USCIS frequently questions whether the job truly qualifies as a specialty occupation.
- Roles that are generic-sounding (like "analyst" or "consultant") are more likely to trigger RFEs.
- If the employee works offsite (such as at a client site), USCIS may demand proof of employer control over daily tasks.
What Happens if You Ignore an RFE?
This part is critical: Ignoring an RFE almost always leads to denial. Even if the request seems unfair or unnecessary, you need to respond thoroughly and on time. If you miss the deadline, USCIS will treat the petition as abandoned and deny it outright.
Can You Get More Than One RFE?
Yes, especially in complex cases. After responding to the first RFE, USCIS can issue a second RFE if new questions arise. This is more common in cases involving:
- Complex employer-employee arrangements (like staffing agencies).
- Questions about degree equivalency for specialized roles.
- Concerns about maintenance of status when switching between visa types.
Conclusion: RFE Readiness Is Key in 2025
RFEs are no longer the exception — they’re becoming the norm under the Trump Administration. With a higher rate of petitions triggering RFEs in 2025, thorough preparation and proactive documentation is essential to keeping your immigration journey on track.
Lastly, if the H-1B lottery didn’t go your way — you can obtain a cap-exempt H-1B as a Build Fellow. We’ve helped countless foreign nationals stay employed, navigate RFEs smoothly without relying on the lottery altogether by working with cap-exempt universities. You can also check out our fellows' success stories to see how this unique program has transformed real careers.
