When you submit a petition for a business visa, such as an EB2 National Interest Waiver (NIW), E-2 Investor Visa, or L-1 Intracompany Transfer Visa, there’s always the possibility of receiving a Request for Evidence (RFE) from the USCIS. An RFE can be a source of anxiety for applicants, but it’s important to understand the full picture. In this blog, we’ll explore the good, the bad, and the ugly sides of receiving an RFE, helping you approach this situation with a clearer perspective.
The Good: A New Opportunity to Strengthen Your Case
Receiving an RFE isn’t necessarily bad news. In fact, it can be seen as a positive opportunity. Instead of outright denying your petition, USCIS is giving you a chance to clarify concepts or provide additional information that may not have been fully understood or addressed in your initial submission. Think of it as a second chance to make your case even stronger.
An RFE signals that USCIS sees potential in your application but needs more information to be confident in approving it. This is your moment to address any weaknesses, misunderstandings, or gaps in your petition. Rather than viewing an RFE as a setback, consider it a constructive step in the process. The government could have simply said “no,” but instead, they’re giving you the benefit of the doubt and an opportunity to succeed.
The Bad: Consistency is Key
While an RFE offers a second chance, it comes with a crucial caveat: your response must be consistent with the information you originally submitted. This means that while you can clarify and expand on your initial points, you shouldn’t contradict or substantially alter your original statements (unless, of course, your immigration attorney has a solid strategy to do so). This limitation underscores the importance of getting your petition right from the start.
Our top recommendation when submitting a business plan for your visa petition is to ensure that everything is accurate, clear, and well-documented from the very beginning. The RFE is not an opportunity to start over or change your narrative; it’s about providing further evidence to support the claims and information you’ve already presented. If your initial petition was poorly prepared, responding to an RFE can be much more challenging, as you must work within the framework you originally established.
The Ugly: Unrealistic Expectations
Unfortunately, not all RFEs are straightforward. In many cases, USCIS may request information that does not exist (yes, it has happened!) is not publicly available, is difficult to obtain, or, in some instances, isn’t even relevant to the specific visa requirements. This can be incredibly frustrating for applicants, as it feels like USCIS is setting the bar impossibly high or moving the goalposts mid-game.
This issue often arises when third-party business plans include unnecessary or irrelevant information in an attempt to make the application appear “stronger.” However, this strategy can backfire, leading USCIS to request additional, sometimes unreasonable, evidence that complicates the process. Furthermore, we’ve seen numerous cases where the government asks for documents that were already submitted or requests items that are not typically required for that type of visa. When responding to an RFE through a business plan, stick to the basics and do not overcomplicate things.
This “ugly” side of RFEs highlights the importance of submitting a well-organized, relevant, and complete immigration business plan from the outset. Including superfluous information can confuse the reviewer and lead to unrealistic expectations in the RFE. Unfortunately, this is a common occurrence, but with careful preparation and a focused approach, it’s possible to minimize the chances of facing such challenges.
Conclusion
RFEs are a reality for many visa applicants, but understanding the good, bad, and ugly aspects of these requests can help you navigate the process more effectively. An RFE can be a valuable opportunity to strengthen your case, but it also requires careful consistency and can sometimes bring unrealistic demands from USCIS. The best defense is a well-prepared, thorough business plan submitted from the start. By doing it right the first time, you can reduce the likelihood of encountering the more frustrating aspects of the RFE process.
If you or your attorney need help preparing business plans or other business deliverables to respond to an RFE, our team is here to assist. With the right materials, you can address USCIS's concerns and enhance the strength of your visa petition.
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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