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.
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.
During the recent administration there has been an increase in issuance of Requests for Evidence for EB-1A petitions for those of Extraordinary Ability. A Request for Evidence is a request that is made by USCIS that should explain how the evidence is deficient in proving the criteria argued and what additional evidence needs to be provided by the applicant to meet the criteria. EB-1A petitions are already normally subject to higher scrutiny because their approval is the first step needed to apply for Lawful Permanent Residence or a green card. USCIS normally requires not just evidence but that the evidence be provided with context and information to show why it matters in a particular field. For example, if you were providing evidence of your membership in an organization that requires outstanding achievements of its members, just providing evidence of the membership is not enough. You must explain what that membership is and provide background information on the organization granting the membership. You also need to provide evidence on the criteria that is used to select the members, information on those who select the members to show that they are recognized experts, other documentation such as articles about the membership organization to show its importance, and any other relevant evidence and background information to show that the criteria is met. A request for evidence being issued prior to the current administration was not uncommon, but in the current climate it is more surprising to not receive a request for evidence for this type of case. It is important to remember that a request for evidence is not a denial. Depending on the validity of the information in the request and the substance some Requests for Evidence can be overcome, and the case be approved. It is important to carefully review the request and note if there are any errors in the content and application of the regulations by USCIS. If you have an attorney, you should work with them and make sure that you provide any evidence you think may be helpful. Although there is a deadline by which a response must be submitted, attention to detail and patience will go a long way when dealing with having to respond to a request for evidence. If you believe you may qualify for this type of visa, please feel free to contact our office.
