Current EB-1A RFE Trends

EB-1A RFEs are becoming more common — and more aggressive. Here's what I'm seeing, and what actually works when you respond.

First, not all RFEs are equal. There's a big difference between a template RFE (manageable, you likely already have what you need) and a super aggressive one — 15 to 30 pages that attack every piece of evidence. In the latter case, the officer has often already made up their mind. Sometimes the right call is to withdraw and refile rather than fight a losing battle.

For the ones worth responding to, a few things matter:

1. Know who you're responding to. USCIS officers are not immigration attorneys. They often work from templates without deep knowledge of EB-1A standards or case precedents. Write your response accordingly — clear, structured, and legally grounded.

2. Push back on requests that exceed the regulations. USCIS regularly asks for things that simply aren't required by law — what's called ultra vires requests. If the regulation doesn't require it, you don't have to treat the request as valid. Cite the actual regulation and say so explicitly.

3. Don't just submit more documents. If you already submitted strong evidence, make USCIS engage with it. Burying it under more paper doesn't help — a well-argued legal response does.

4. When they cite case law, read the actual decision. USCIS uses the same cases repeatedly and often mischaracterizes them. More than once, I've taken a case they cited against my client and used it to support our position instead.

Getting an RFE doesn't mean your case is over. It means you have a fight on your hands — and how you respond is everything.

If you're navigating an RFE right now and want to talk through it, feel free to drop a question in the comments or connect with me on OCIVerse.

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