USCIS Updates Five RFE Templates For Stakeholder Viewing

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On April 12, 2010, Director Mayorkas introduced the Request for Evidence (RFE) Project, an initiative that engages stakeholders in the review and revision of RFE templates used at the Service Centers to ensure they are:

  • consistent across each of the Service Centers 
  • relevant to the classification being adjudicated 
  • tailored to the individual case 
  • concise and clear

The RFE Project is being carried out in phases. The first phase, which involved the review of RFEs for the O, P and Q nonimmigrant classifications and the E11 immigrant classification, began with a national stakeholder engagement hosted by Director Mayorkas from the California Service Center. USCIS has also created an e-mail address, scopsrfe@dhs.gov, as a way to engage with stakeholders throughout this project. As a result of our collaboration, we are now posting RFE templates on our website.

RFE Template(s) Available for Comment

USCIS seeks stakeholder review and comment for the draft RFE template(s) listed below:

Please note:  There are no RFE templates available for comment

 Please e-mail all comments to scopsrfe@dhs.gov. Please put the title of the relevant RFE in the subject line of your message.  Helpful comments will address:

  • If there are other examples of additional evidence we may want to consider adding; and/or 
  • If language is ambiguous, confusing, or unclear

Each RFE template is available for comment for 10 business days after posting.

How USCIS Service Centers Will Use the Templates

These templates present all identified requirements specific to the relevant classification. Generally, an adjudicator will not find it necessary to request everything within the template in response to a single petition. Adjudicators will craft RFEs based upon evidence already provided and what evidence might be helpful in resolving any deficiencies.

If a requirement has not been met, the adjudicator will provide an explanation along with a list of suggested evidence that may satisfy the deficiency. The petitioner may submit some or all of the evidence listed, or any other evidence he or she believes satisfies the requirement.

If all requirements in a particular component have been met, that component will not be listed on the RFE.

Disclaimer

USCIS may distribute any comments received (including any personal information and contact information) on its public website or to those who request copies. By providing comments, you consent to their use and consideration by USCIS, and you acknowledge that your comments may be public. USCIS cannot guarantee that it will acknowledge or respond to any comments submitted.

This release intends solely to solicit public comment on the referenced document. It does not and may not be relied upon to create any substantive or procedural right enforceable by law.

Updated RFE Templates

The following RFE templates have been updated to incorporate stakeholder feedback that was received when the templates were posted under the “Feedback Opportunities” section of our website. These updated templates will be posted online for 10 business days for stakeholder visibility. USCIS Service Centers will begin using these templates immediately.

Please note that RFE templates are tools to assist USCIS officers in drafting RFEs for specific cases. As such, RFEs may vary depending on the facts of a case. USCIS will update RFE templates on an as-needed basis and will not solicit feedback from stakeholders with each update. 

If you feel you have received a version of an RFE that is grossly inconsistent with the RFE templates that have been posted, you may e-mail scopsrfe@dhs.gov to inform USCIS. USCIS will look into the inconsistency, but will not respond to your inquiry.

 

 

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