Is your immigration firm being flooded with RFEs right now — many of them asking for documents you already submitted? It’s not just you, and you’re not missing something. It’s happening to firms everywhere, across every case type — I-129s, I-140s, I-485s, I-864s, you name it — and the reason has less to do with your filings and more to do with a USCIS system that is, in many cases, not actually reading what you sent.
A Request for Evidence, or RFE, is a formal USCIS notice requesting additional documentation before a decision is made on a pending application or petition. It’s not a denial, but it’s not optional. USCIS allows one response, and a late or insufficient reply results in denial. In normal times, RFEs are a routine part of practice. What is happening right now is not normal.
This Is Happening Across Every Form Type
It would be easier to manage if the RFE problem were limited to one case category. It isn’t. Immigration attorneys across the country are reporting elevated RFE rates on virtually every form type they handle. H-1B specialty occupation challenges, I-140 eligibility questions, I-485 adjustment of status issues, I-129 petitions, family-based cases, employment-based cases — all of it.
What makes this especially frustrating is that many of these RFEs arrive on cases that are well-prepared and complete. Immigration attorneys have documented this pattern in detail: cases that would have sailed through a few years ago are now receiving extensive follow-up requests, and cases previously approved are being re-examined during extensions and amendments. Past approval is no longer a shield.
Attorneys have also observed denial notices that simply repeat the language from the original RFE — verbatim — without any indication that the officer reviewed the response at all. This is not an isolated complaint. It is a documented pattern.
Why is this happening? Two things are happening at once, and they’re making each other worse.
USCIS Has Automated Its Intake, and That System Is Making Errors
USCIS has been expanding its use of digital scanning, automated indexing, and AI-assisted eligibility checks across its intake process. The agency confirmed in 2026 that it is using AI tools for fraud detection, pattern identification, and cross-referencing data across petition types. In principle, this is a reasonable modernization goal. In practice, it is generating a significant number of what attorneys are calling “false RFEs”: deficiency notices triggered not by actual deficiencies in your filing, but by errors in how the automated system processed it.
When a large filing gets scanned and indexed, pages can be misrouted or miscategorized. If a scanned image is unclear, the system may register evidence as missing even when it was physically present. Documents that don’t fit neatly into the system’s expected format get flagged. The automated check fires, an RFE goes out, and a human officer may not review your original submission carefully — or at all — before it does. This is happening before anyone has actually read your case.
USCIS Has Lost a Significant Portion of Its Workforce
CBS News reported that DHS terminated nearly 50 USCIS employees in February 2025, identifying them as “non-mission critical personnel in probationary status.” That was the first wave. In April 2025, Reuters reported that DHS Secretary Noem sent an email to all DHS staff titled “Reshaping the DHS Workforce,” offering deferred resignation, early retirement, or a buyout of up to $25,000, with the warning that mandatory reductions in force would follow if not enough employees took the offer voluntarily. Government-wide, OPM data shows a net staffing decrease of approximately 10.8% across federal agencies during 2025.
What this means in practice is that the officers who remain are carrying heavier caseloads, with less training support and fewer experienced colleagues around them. They are processing more files in less time. When your 200-page submission lands on a desk, an officer under that kind of pressure cannot spend an hour finding the document they need. If it isn’t immediately visible and clearly labeled, it might as well not be there. This is not an excuse for what USCIS is doing; it is a reality your firm has to account for when preparing a filing.
The Combination Is the Problem
Automated intake that misfires, combined with overworked officers who may not catch the error before the RFE goes out, combined with a policy environment that actively encourages stricter scrutiny — that is what your firm is up against. And the volume of it has made clear that this is not a temporary glitch. It is the new operating environment.
What’s at Stake for Your Clients
This matters beyond the inconvenience of extra paperwork. The consequences of an RFE in the current environment are more serious than they have been in years.
An RFE extends processing times, often by months. For a client waiting on an employment authorization document, a green card, or a work visa that allows them to stay in the country, those months have real consequences: delayed start dates, interrupted employment, family separation, financial strain.
More significantly, under USCIS’s updated 2025 Notice to Appear policy, a denied application can now result in a Notice to Appear being issued — meaning immigration court — for applicants who are out of status. An I-864 RFE that leads to an I-485 denial, a specialty occupation challenge that results in an H-1B denial, an I-140 that gets denied on a technicality. Any of these can now set off a chain of consequences that puts a client in removal proceedings. An RFE is no longer just a speed bump. It is a potential on ramp to a much more serious situation.
What Your Firm Can Do: Before You File
The most effective place to address the RFE problem is before the petition ever reaches USCIS. The goal is to build filings that are resilient to automated review errors and require minimal interpretation by an overworked officer. Here is how to do that.
Assume the Automated System Will Miss Something — Build Accordingly
The mindset shift that matters most is this: Stop preparing filings as if a careful human reader will review every page in order. Prepare filings as if an automated scanner will categorize your documents and an officer will have 60 seconds to confirm the key evidence is present. That means every critical document needs to be findable independently, without context, in a few seconds.
Do not bury your most important evidence in the middle of a large exhibit. Do not assume that because you included something, the system registered it correctly. Do not rely on the officer to connect pieces of evidence across different sections of the packet. Make every critical element self-evident.
Organize Everything with a Numbered, Tabbed Exhibit Structure
Every submission should be organized into clearly numbered, clearly labeled exhibits with a table of contents at the front. Not a general cover letter that says “enclosed please find” — an actual indexed list of every exhibit, what it is, and what it proves. Exhibit 1: Employment Offer Letter. Exhibit 2: Educational Credential Evaluation. Exhibit 3: IRS Tax Transcript. And so on.
If you are submitting digitally, bookmark every exhibit in the PDF. If you are submitting physically, use dividers. The goal is that any specific document can be located in under ten seconds. This matters because the scanning system indexes by page breaks and document markers — a clearly separated, clearly labeled exhibit is far less likely to be miscategorized than one that blends into a continuous document.
Write a Cover Letter That Functions as a Legal Roadmap
Your cover letter should do more than identify the application. It should walk the officer through the filing point by point, identify the specific legal standard being met, and tell the officer exactly which exhibit establishes each element. Think of it as a brief: here is what we need to prove, here is the standard, and here is exactly where you will find the evidence for each element.
For example, in an H-1B filing, your cover letter should state the specialty occupation standard, then say: “The position meets the specialty occupation requirement as established in Exhibit 3 (Job Description), Exhibit 4 (Organizational Chart), and Exhibit 7 (Expert Opinion Letter).” Do not make the officer figure out where the relevant evidence is. Tell them. This is especially important in the current environment, where an officer may not have time to read thoroughly before reaching for an RFE template.
Specific Considerations by Form Type
The general principles above apply everywhere, but each form type has its own common RFE triggers right now.
I-129 (H-1B and other nonimmigrant worker petitions)
Specialty occupation challenges are the most common RFE trigger for H-1B petitions in 2026. Officers are questioning whether positions genuinely require a degree in a specific specialty field, particularly for roles with titles that sound generic — “software engineer,” “business analyst,” “project manager.” Your cover letter and supporting documentation need to explain in specific, detailed terms why the actual duties of the position require the theoretical and practical application of highly specialized knowledge. A vague job description will generate an RFE. Submit an organizational chart, a granular duty-by-duty breakdown, and an expert opinion letter if there is any question about specialty occupation status. For extensions and amendments, do not assume prior approval protects you. Document the position as if it is being reviewed for the first time, because it effectively is.
I-140 (Immigrant Petition for Alien Workers)
For EB-1A and EB-2 NIW petitions, USCIS has significantly raised the evidentiary bar. Officers are exercising broader discretion and adjudicating inconsistently across similar cases. For EB-1A, extraordinary ability claims need to be supported by evidence that is specific, verifiable, and measurable — citation counts, award criteria, published peer reviews of the applicant’s work, evidence of the applicant’s role relative to the field. For NIW, national importance claims need to go beyond the applicant’s field being generally important. The documentation needs to show specifically how this individual’s work, in this proposed role, serves U.S. national interests in a way that goes beyond what the field broadly produces. Generic framing is getting flagged.
I-485 (Adjustment of Status)
RFEs on adjustment of status cases are often triggered at the I-864 stage, where USCIS’s automated systems struggle with income documentation that doesn’t match standard W-2/1040 formats. Sponsors who are self-employed, have non-taxable income, or have multiple income sources are particularly vulnerable to automated false flags. Always submit the IRS tax transcript alongside the return itself, not the return alone. For self-employed sponsors, include profit-and-loss statements, Schedule C documentation, and business bank records. For sponsors with non-taxable income (Social Security, disability, housing allowances), include benefit award letters and bank records showing the income is ongoing, along with a brief explanation in the cover letter confirming that non-taxable income is legally sufficient under INA § 213A and the USCIS Policy Manual. Do not assume the officer knows this. State it plainly.
Beyond the I-864, I-485 RFEs are also appearing on medical exam issues, civil document questions, and status maintenance questions. Anything that might generate a question should be addressed proactively in the cover letter, not left for an officer to flag.
What Your Firm Can Do: When You Receive an RFE
Even the best-prepared filing can receive an RFE in this environment. When it happens, the response strategy matters as much as the original filing.
Read It Carefully Before You Respond
This sounds obvious, but it matters more now than before. Some RFEs in 2026 do not contain an actual request for additional evidence; they contain boilerplate language from a template that may not accurately reflect what the officer needs. Read the RFE carefully to distinguish between what is being asked for and what the template language says. The “Evidence Lacking” section is what you are responding to. The rest of the language is often standardized and should not distract you from identifying the specific issues.
Respond to What Was Asked — Not Everything You Can Think Of
The instinct when responding to an RFE is to send more. More documentation, more exhibits, more explanation. In a system where the original problem may have been that a large filing was too complex for automated intake to process correctly, responding with an even larger packet is not necessarily the answer.
Attorneys have advised that the best RFE response is not a “dump of PDFs,” but a structured packet organized around a claim → exhibit → conclusion format, with clear navigation by exhibit label. Address what was asked. Explain what the evidence proves. Make the officer’s job as easy as possible. A clean, targeted response is harder to misread than another massive packet.
When the RFE Is Asking for Something You Already Submitted
If you receive an RFE asking for something that was demonstrably included in your original filing, do not just resubmit the document quietly. Your response cover letter should note, professionally and specifically, that this evidence was included in the original submission. Reference the original filing date, the exhibit number, and the page. Then resubmit the document, clearly labeled and easy to find.
This matters for two reasons. First, it creates a record. If the case ends up in a bad outcome and you need to file a motion to reconsider, having documented that the evidence was present in the original filing is important. Second, it signals to the officer reviewing the RFE response that this was a system error, not a deficiency in the original petition. Do this professionally, without drama, but do it.
Push Back When USCIS Departs from Its Own Standards
Attorneys have been explicit about this: the law has not changed, only its application has. When an RFE asks for something that goes beyond what the statute or regulation requires, when it applies a standard that USCIS’s own policy manual does not support, or when it repeats language from the original RFE without engaging with your response, say so. Cite the policy manual. Cite the regulation. Cite prior AAO decisions if they support your position. An RFE response is a legal document, and a well-crafted response that holds USCIS to its own stated standards is both your right and your best tool in a system that is not always applying those standards consistently.
What Your Firm Should Be Doing Systematically
Beyond handling individual RFEs, there are practices your firm can build that will reduce your overall RFE rate and improve your response outcomes over time.
Track Your Own RFE Data
Your firm is generating useful data with every case. Which form types are generating the most RFEs? Which USCIS service centers? What are the most common issues being flagged? Are there specific types of evidence that keep showing up in RFEs even when you submitted them? This information should be tracked systematically, reviewed regularly, and used to update your filing practices. The firms that are performing best right now are the ones that are treating their RFE patterns as data to learn from, not just problems to solve case by case.
Update Your Checklists Regularly
If your firm has standard preparation checklists for each form type — and it should — those checklists need to be reviewed and updated frequently right now. What was sufficient documentation for an H-1B specialty occupation argument last year may not be sufficient today. The evidentiary bar for EB-1A and NIW petitions has shifted. The I-864 income documentation standards are being applied differently by automated systems than they were by human reviewers. Your checklists should reflect what is actually getting flagged now, not what was standard practice two years ago.
Set Client Expectations Before the RFE Arrives
Clients who receive RFEs and do not understand the current environment will panic, lose confidence in your firm, and sometimes make bad decisions under pressure. The best time to explain the current RFE landscape is before an RFE happens, at the start of the representation. Let clients know that RFE rates are elevated across all case types, that some RFEs are system-generated errors rather than reflections of weakness in their case, and that receiving an RFE does not mean their case is in serious trouble. Explain what your response process looks like. Explain the timeline. A client who already understands the landscape is a client who stays calm and trusts your process.
If You Receive an RFE That Is Clearly Wrong, Consider Whether to Challenge It
This is a judgment call that depends on the case, the client’s timeline, and the specific issue. In some cases, the fastest path to resolution is a clean, thorough response that gives USCIS what it asked for and moves on. In others — particularly where the RFE asks for something that is legally unreasonable, applies a standard the agency has no basis to apply, or repeats a request after you have already responded — a more assertive response that formally challenges the basis of the RFE may be appropriate. Document your reasoning either way. If the case ends in a denial, having a record of having contested the RFE’s legal basis supports any subsequent motion or appeal.
A Note for Clients Reading This
If you are not an immigration attorney but someone going through an immigration process — a green card application, a work visa, an adjustment of status — and you received an RFE, here is what you need to know.
Receiving a Request for Evidence does not mean your case has been denied, and it does not necessarily mean you did something wrong. In the current environment, RFEs are being issued at unusually high rates across all case types, including on well-prepared, complete filings. Some of them are the result of system errors at USCIS’s intake stage, not problems with your application.
What matters now is how the RFE is handled. The response must be complete, well-organized, and submitted on time. USCIS gives you one opportunity to respond to an RFE. There is no second submission. Your attorney needs adequate time to prepare a thorough response — do not wait until the last week of the deadline to engage on it.
The stakes are higher than they used to be. Under current USCIS policy, a denied application can in some circumstances, trigger further immigration consequences for applicants who are out of status. That makes getting the RFE response right the first time more important than ever.
Where Things Stand
The RFE surge is not a temporary adjustment period. It reflects a system that has been restructured — more automation, fewer experienced staff, a policy direction that encourages closer scrutiny — and that structure is not changing in the near term. Firms that adapt their filing practices now, that build submissions with automated review in mind, that respond to RFEs with precision rather than volume, and that hold USCIS to the standards it is legally obligated to apply, will see better outcomes than those that are still filing the way they did three years ago.
The law has not changed. The standards have not changed. What has changed is the environment in which your filings are being reviewed. Build for that environment.
This article is intended for general informational purposes and does not constitute legal advice. Immigration law is complex and fact-specific. For guidance on a specific case, consult a qualified immigration attorney.
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