7 Common USCIS RFEs—and How to Avoid Them in 2025

by | Jun 13, 2025

Sidestep 2025’s Top USCIS RFE Traps

Nothing stalls an immigration case like a surprise Request for Evidence (RFE). In 2025, USCIS issued RFEs in 32 % of family-based applications and 46 % of employment-based petitions. Below, Souza Law PLLC breaks down the seven most frequent triggers—and how to sidestep them entirely.

1. Insufficient Birth-Certificate Proof

Problem: older or foreign birth certificates lacking parents’ names. Solution: include secondary evidence (school records, affidavits) plus a country-conditions sheet proving why the original is unavailable.

2. Untranslated Foreign Documents

USCIS requires certified English translations. Photocopies with Google Translate notes invite instant RFEs. Pay a sworn translator—it’s cheaper than a delayed case.

3. Employer Ability-to-Pay Gaps

For I-140 cases, submit three years of tax returns and payroll summaries showing the beneficiary already earns the proffered wage—or provide net-current-asset proof. We build CPA letters that align with USCIS audit standards.

4. Marriage Evidence Too Thin

A single wedding photo isn’t enough. Aim for at least 12 months of shared financials and 30+ candid photos across different seasons and locations.

5. LCA-to-Worksite Mismatch

H-1B workers moved to full-time remote? File an LCA amendment before the move. USCIS scrapes LinkedIn and job ads—if your LCA lists Dallas but Zoom logs show Miami IPs, expect trouble.

6. Inconsistent Dates Across Forms

We see I-485s where “date first entered” differs from the DS-160. USCIS will flag. Perform a line-by-line cross-check before filing.

7. Missing Medical Exams (I-693)

Since late 2024, USCIS permits sealed I-693 forms within two years of signature date without RFEs—if filed concurrently. Include it up front and save three months.

RFE Prevention Checklist

  • Use the latest form edition (check the USCIS footer)
  • Pay correct fee amounts; combine payments when allowed
  • Number every exhibit with a table of contents
  • Bind the packet—loose pages get lost in intake

We Can Help

Souza Law PLLC has slashed average RFE rates to under 8 % across all case types. Let our audit team review your packet before you send it. Book an RFE-Prevention Audit or phone (954) 372-7789 now.