Immigrant Petition for Alien Workers

Received an I-140 RFE?

Form I-140 covers several employment-based immigrant classifications, so an I-140 RFE can raise very different issues depending on the category. USCIS may question the beneficiary's qualifications, the employer, the offered position, ability to pay, labor certification requirements, or the substantive requirements of the particular EB-1, EB-2, or EB-3 classification.

Send Us Your I-140 RFE

I-140 RFE Analysis

First identify the classification and the exact element USCIS disputes.

ClassificationWhich immigrant category?

BeneficiaryWere qualifications met?

EmployerDoes petitioner qualify?

Job OfferAre requirements established?

EvidenceWhat does USCIS say is missing?

An I-140 RFE should be reviewed together with the complete petition, labor certification if applicable, and all supporting evidence filed before USCIS issued the notice.

Understanding the Petition

There is no single type of I-140 RFE.

Form I-140 is used for multiple employment-based immigrant classifications. The evidence required for an extraordinary ability petition is very different from the evidence required for an employer-sponsored professional, skilled worker, multinational manager, outstanding researcher, or national interest waiver petition.

The response therefore should begin with the statutory and regulatory requirements of the classification actually requested. A document that is highly relevant to one I-140 category may have little significance to another.

The RFE should then be broken into separate issues so that each disputed requirement can be matched to the existing record, the applicable standard, and any supplemental evidence.

I-140 Classifications

What type of immigrant petition is USCIS reviewing?

Classification-specific RFEs should be answered using the legal standard for the category requested in the petition.

EB-1A

Extraordinary Ability

RFEs may challenge individual criteria, sustained acclaim, the significance of achievements, or final merits.

EB-1A RFE →

EB-1B

Outstanding Professor or Researcher

Issues may include international recognition, qualifying achievements, research experience, permanent employment, or employer eligibility.

EB-1B RFE →

EB-1C

Multinational Manager or Executive

RFEs may concern qualifying corporate relationships, foreign employment, U.S. duties, managerial or executive capacity, and business operations.

EB-1C RFE →

EB-2

National Interest Waiver

Issues may involve underlying EB-2 eligibility, national importance, whether the person is well positioned, or the balancing analysis.

NIW RFE →

EB-2 / EB-3

PERM-Based I-140

RFEs may involve the labor certification, beneficiary qualifications, priority date evidence, offered position, employer, or ability to pay.

Schedule A / Other

Other I-140 Petitions

Schedule A and other employment-based filings may raise classification, documentation, employer, beneficiary, and procedural issues unique to the particular petition.

Review Your I-140 RFE →

Common I-140 RFE Issues

What is USCIS questioning?

Beneficiary Qualifications

USCIS may question whether the beneficiary possessed the required education, experience, training, skills, achievements, or other qualifications at the legally relevant time.

Ability to Pay the Offered Wage

Where the classification requires a job offer, USCIS may examine whether the petitioning employer has demonstrated its continuing ability to pay the proffered wage from the applicable priority date.

Experience Letters

USCIS may question whether prior-employment evidence adequately documents the dates, duties, experience, training, and other requirements needed for the offered position or classification.

Educational Equivalency

Foreign degrees, combinations of education and experience, credential evaluations, and the exact educational requirement can become central issues in an employer-sponsored petition.

The Job or Employer Does Not Match the Filing

USCIS may seek clarification concerning the petitioner, business operations, offered job, labor certification, corporate changes, or the relationship between the evidence and the position described in the petition.

Classification-Specific Eligibility

An I-140 RFE may ultimately turn on the substantive requirements of EB-1A, EB-1B, EB-1C, NIW, advanced degree, exceptional ability, professional, skilled worker, or another requested classification.

Employer-Sponsored Petitions

Ability to pay can become a separate dispositive issue.

The question is whether the petitioner can pay the proffered wage.

For I-140 classifications requiring a job offer, USCIS evaluates the petitioner's continuing ability to pay the offered wage beginning on the applicable priority date and continuing until the beneficiary obtains lawful permanent residence.

Evidence may include required financial documentation as well as wages actually paid to the beneficiary and other evidence USCIS permits or considers under the applicable rules.

An employer with multiple sponsored workers may face a more complicated analysis because USCIS can consider the employer's obligations involving other relevant immigrant petitions.

Self-petitioned EB-1A and national interest waiver cases do not involve the same employer ability-to-pay requirement because those classifications do not require the ordinary permanent job offer.

Beneficiary Evidence

The qualifications must match the actual classification and job requirements.

Education

Degrees & Academic Records

Diplomas, transcripts, credential evaluations, and evidence concerning the field and level of study may be necessary when USCIS questions the beneficiary's educational qualifications.

Experience

Employment Verification

Detailed letters from prior employers can be important when the classification or labor certification requires specific years or types of qualifying experience.

Classification

Category-Specific Evidence

Extraordinary ability, outstanding research, multinational management, exceptional ability, and NIW filings require evidence beyond ordinary education and employment records.

Response Strategy

Six principles for an I-140 RFE response.

Identify the Exact Classification

Begin with the requirements governing the specific preference category and classification requested on Form I-140.

Track the Relevant Date

Determine when the beneficiary, employer, job offer, and supporting evidence must establish eligibility.

Review the Entire Filing

Compare the RFE to the petition, labor certification where applicable, supporting exhibits, and evidence USCIS already received.

Address Every Independent Ground

A strong response should not allow one unresolved issue to remain simply because other parts of the petition are well documented.

Use Evidence That Proves the Requirement

Employment letters, financial documents, academic records, corporate records, expert evidence, or other exhibits should be tied directly to the element USCIS disputes.

Explain the Evidence

The response should connect each exhibit to the governing requirement instead of expecting USCIS to infer why a large documentary submission establishes eligibility.

I-140 RFE Guides

Detailed immigrant petition issues.

I-140 Questions

I-140 RFE FAQs

Common questions after USCIS requests additional evidence on an immigrant worker petition.

Does every I-140 require an employer?

No. Certain classifications permit self-petitioning, including EB-1A extraordinary ability and EB-2 national interest waiver petitions. Other I-140 classifications ordinarily require a qualifying employer and permanent job offer.

Does every I-140 require PERM labor certification?

No. Some employment-based classifications are exempt from the ordinary labor certification requirement. The evidence required in an RFE therefore depends on the classification actually requested.

What does ability to pay mean in an I-140 RFE?

For petitions requiring a job offer, USCIS examines whether the petitioning employer has demonstrated the continuing ability to pay the proffered wage from the applicable priority date and through the period required by the regulations.

Can a credential evaluation answer an education RFE?

A credential evaluation can be useful, but its significance depends on the classification, the labor certification if one exists, the foreign academic record, and the exact educational requirement USCIS is evaluating.

Can I submit new experience letters with the RFE response?

Supplemental employment evidence may be appropriate when USCIS questions qualifying experience, but the evidence should establish experience that was actually obtained by the legally relevant date rather than attempting to create eligibility after filing.

What happens if USCIS denies the I-140 after the RFE?

The available next steps depend on the classification and decision and may include an administrative appeal, motion to reopen, motion to reconsider, refiling, or another strategy.