Receiving a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS) may feel like a setback at first. Questions like, “Does the USCIS not recognize my abilities?” may cross your mind, but it’s not the end of your O-1 application journey! This is actually a great opportunity to strengthen your case. An RFE means USCIS needs more information to make a decision, and responding effectively can make the difference between approval and denial.

Step 1: Review the RFE Thoroughly

Before anything else, carefully analyze the RFE letter. USCIS outlines specific issues or evidence gaps that need to be addressed. Look for:

• Categories of Concern – USCIS might question the significance of your achievements, the validity of your supporting evidence, or the relationship with your sponsor.
• Deadlines – RFEs include a strict submission deadline. Missing it results in denial.
• Requested Evidence – This could range from missing documentation to clarification about ambiguous claims in the original application.

Step 2: Identify Issues in the Original Filing

An RFE is often a sign that the initial petition didn’t provide enough clarity or detail to satisfy USCIS requirements. Common problems include:

• Weak Supporting Evidence – The original filing might lack robust documentation, such as press coverage, metrics, or award certificates, to support your extraordinary ability.
• Misaligned Evidence – If your evidence doesn’t directly address the O-1 criteria, it could create confusion. For instance, providing general metrics about your audience without tying them to your industry impact.
• Ambiguities in the Petition – Vague or incomplete descriptions of your achievements or the itinerary of planned activities could raise red flags.

Step 3: Assess Potential Errors by USCIS

While it’s rare, USCIS officers can misinterpret evidence or misapply legal standards. They’re government agents, not influencers and marketers, after all. Look for:

• Misunderstanding Metrics or Achievements – If the officer undervalued your follower engagement or misinterpreted industry-specific benchmarks, you’ll need to explain the significance of those figures.
• Overlooking Evidence – Ensure all submitted documentation was considered. If evidence was ignored, resubmit it with clearer explanations.
• Application of Standards – Officers might incorrectly evaluate your achievements against standards meant for other professions. For example, treating influencer metrics like traditional media awards rather than digital impact.

Step 4: Create a Plan of Action

A comprehensive, organized response with your attorney is the final step. Follow these steps to address the issues raised:

• Provide Clear Explanations – USCIS relies on documentation and context. For example, if your achievements were questioned, provide detailed explanations about their significance backed by evidence.
• Submit Additional Evidence – Address gaps by including new documentation. For influencers, this might include additional press coverage or new contracts and collaborations that highlight your ongoing prominence.
• Clarify the Itinerary – If the RFE flagged vague or incomplete plans for your U.S. activities, provide a detailed, well-documented itinerary. This could include event dates, project descriptions, and clear ties to your sponsor or agent.

An RFE isn’t an invitation to flood USCIS with every document you can find. You and your attorney can work together to provide targeted, compelling evidence that addresses specific concerns.

If you receive an RFE for an O-1 visa, you need an experienced team on your side. At Yao Law Group, we understand the nuances of RFEs and the stakes of getting it right. Call us at +1 646 490 8808 to work together on a strategic response that puts your case back on track. Let’s turn this challenge into an approval.