What is a Request for Evidence?
April Perez • January 19, 2023
The most important thing to understand is that it is not a denial. A request for evidence can be issued for any type of petition that is filed with USCIS. The request for evidence is usually issued by the reviewing officer if a specific document is missing or if the officer does not believe that the evidence provided is sufficient to meet the requirements for the petition to be approved.
In the case of P1A visas for athletes, O visas, or EB1 visas an officer may state that more than one requirement requires additional evidence. The additional evidence being requested will vary since each officer will view the evidence through their own interpretation of the requirements. The additional evidence being submitted in response to the request for evidence must be submitted with a cover letter addressing the deficiencies that were pointed out by the officer, and the evidence provided must be submitted with the response cover letter as exhibits. Examples of possible additional evidence may be more background information on awards or prizes that the individual received, or additional information on past or future projects, or events that the applicant has or will participate in. The most important thing is to try to provide as much of the additional evidence that the officer is requesting so that the officer gets a better understanding of the evidence being provided for the requirements.
In some instances, an officer may have overlooked an important piece of evidence or several important pieces of evidence. This is important to point out in the response, and may warrant a request for supervisory review in the response from your attorney.
It is important to provide as much additional information being requested as possible since this is the last opportunity to prove to the officer that the individual qualifies for the type of visa they are applying for.
Once the response is received by USCIS, the estimate of time for a decision to be issued if the case was submitted for premium processing goes back to 15 business days from the time the response is received. If the case was not submitted under premium processing, then the estimate of time for a decision is based on the processing times on the USCIS website.
If a request for evidence is received for your case, it is important to work closely with your attorney to try and have your case approved.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Under the new regulation, if a person filed or files Form I-589, Application for Asylum and for Withholding of Removal after October 1, 2024, and the application remains pending with USCIS for 365 days, the applicant must pay an Annual Asylum Fee (AAF) on the one-year anniversary of his or her filing date.
It’s no secret that the U.S. immigration system has faced increased scrutiny and change in recent months. From evolving policies to headlines filled with uncertainty, it’s understandable that many individuals are left wondering: Is this still the right time to pursue a future in the United States? The answer is yes—and here’s why. Despite the shifting political landscape, the core structure of U.S. immigration law remains firmly in place. While the process may appear more complex or demanding than it once was, the legal pathways to live, work, and thrive in the United States are still open and accessible to those who take the proper steps. What often gets lost in the conversation is that the United States remains a country built on innovation, creativity, and resilience. It continues to attract global talent, entrepreneurs, artists, and professionals from all walks of life. Whether you are launching a business, advancing your career, or seeking a better life for your family, the United States offers unparalleled opportunities to those who are prepared and determined. Much of what makes the United States a global economic and technological leader today is the direct result of contributions made by immigrants. Nearly half of the current Fortune 500 companies were founded by immigrants or their children. Immigrant entrepreneurs have long been an essential part of America’s economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco. Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta. These success stories are not outliers; they are part of a broader pattern that reflects the drive, innovation, and resilience that immigrants bring to the country. The United States also offers one of the most dynamic and diverse economies in the world. It is a place where hard work, fresh ideas, and entrepreneurial vision are rewarded. For creative professionals, business leaders, and investors, the United States provides a unique platform to grow, connect, and gain global influence. Its competitive marketplace, access to capital, and culture of innovation create unmatched opportunities for those ready to seize them. While the immigration process requires careful planning, that process is far from impossible. Indeed, having strong legal guidance is one of the most effective advantages an applicant can possess. Immigration law is complex, and each case must be evaluated individually. A clear, strategic plan tailored to your background and goals can significantly improve your chances of success. What may feel like a hurdle at first glance is often navigable with solid preparation and documentation. At our immigration law firm, we have had the privilege of assisting individuals from all over the world as they navigate these complexities. Time and again, we have witnessed how determination, careful preparation, and experienced legal counsel can turn uncertainty into opportunity and help transform a vision for the future into reality. If you have been uncertain about whether to move forward, let this be your sign to take the next step. The United States is still a land of possibilities. If you are ready to take that step, now is the time to act. Let us build your path forward together.
The U.S. Department of Homeland Security (DHS) has announced the termination of Temporary Protected Status (TPS) for nationals from Honduras, Nicaragua, Nepal, Haiti, and Cameroon. These longstanding protections are set to expire, putting many individuals at risk of deportation.
