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< Back to current issue of Immigration Daily

Draft Request for Evidence (RFE) Template for Comment

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
  • related 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 began with a national stakeholder engagement hosted by Director Mayorkas from the California Service Center to seek feedback from stakeholders in the review of RFEs for the O, P, and Q nonimmigrant classifications and the E11 immigrant classification. 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 draft RFE templates for your review and additional comments. 

Request for Public Comment

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

I-129 Q-1Cultural Exchange Visitors (Final date for comments: August 17, 2010)

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.  Please note that USCIS will continue to use existing RFEs until the public comment period ends and these comments have been considered in the development of the final version of the RFE template.

How USCIS Proposes Service Centers Will Use the Template

This template presents all identified requirements specific to the relevant classification.  It focuses on the three main components: the program, the beneficiary, and the employer.  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.

RFEs will include an introduction that specifies the names of the employer and beneficiaries, position title, and classification sought.  Within each component (the program, the beneficiary, and the employer), the RFE will:

  • Describe the general component requirements
  • List the submitted evidence which is applicable to the component
  • Provide a brief description of each requirement; and
  • State whether the requirement has been met.

If a requirement has not been met, an explanation will be provided.  A list of suggested evidence that may satisfy the deficiency will also be included.  The petitioner may submit some or all of the evidence listed, or any other evidence believed to satisfy the requirement.

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

The template also includes a specific request for a more detailed description of the employment or training.  This will be used when the three components have been met, but the proposed duties are not clear.

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.


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