Process and timing

Request for Evidence

Also called RFE.

A Request for Evidence, or RFE, is a written USCIS notice that the record as filed does not establish eligibility and that named further evidence must reach USCIS by a stated deadline, which can never exceed twelve weeks and cannot be extended. It is a stage in the adjudication rather than a denial, but USCIS is under no duty to issue one before denying.

What it decides

USCIS may issue an RFE where required initial evidence is missing or where what was filed does not establish eligibility, but since Policy Alert PA-2026-05 of 5 August 2026 it may instead deny outright in either situation, so an RFE is a discretionary courtesy and not a guaranteed second chance. The maximum response period is twelve weeks, which USCIS counts as 84 days, plus 3 days where the notice went by mail, giving 87 days from the mailing date. No extension may be granted, and the old practice of adding 14 days for notices mailed abroad has been withdrawn. Answering late or not at all lets USCIS deny the petition as abandoned, on the record, or both. Sending only part of what was asked counts as a request for a decision on the record, and USCIS will not wait for the rest or issue a second RFE. The response must show the petition was already eligible on the day it was filed, so an RFE cannot be used to cure a defect by fixing it afterwards. An RFE for initial evidence restarts the USCIS processing clock, while one for additional evidence only suspends it.

Governed by 8 CFR 103.2(b)(8)(ii) and (iii) for when an RFE may issue, (b)(8)(iv) for the twelve week cap and the bar on extensions, (b)(10)(i) for the effect on the processing clock, (b)(11) and (b)(13)(i) for partial responses and failure to respond, and (b)(12) for eligibility at the time of filing; 8 CFR 103.8(b) for the three extra days on a mailed notice. The 84 day and 87 day figures, the withdrawal of the extra 14 days for overseas mail and the restored discretion to deny without an RFE are USCIS Policy Manual Volume 1, Part E, Chapter 6, Sections F.3 and F.5, as rewritten by Policy Alert PA-2026-05, Evidence, Requests for Evidence, and Notices of Intent to Deny, signed 4 August 2026 and published 5 August 2026. Policy Manual pages show no fixed last updated date, only the date they are viewed, so the alert date is the reliable one.

Where this is explained properly

Pages here that go into request for evidence rather than mentioning it.

Related terms

Notice of Intent to DenyA Notice of Intent to Deny, or NOID, is a written USCIS notice that the officer has reached a proposed refusal, setting out the grounds and allowing one answer within a period that can never exceed 30 days. On an EB-5 filing it is always discretionary, never something the petitioner can insist on, and USCIS may deny without issuing one.
Motion to reopen or reconsiderA motion to reopen or reconsider is a request on Form I-290B, costing $800, that asks the USCIS office which made the latest decision in a case to look at it again, and it must be filed within 30 calendar days of that decision, or 33 days where the decision came by mail.
Preponderance of the evidencePreponderance of the evidence is the standard of proof in EB-5: the investor must show each element of eligibility is probably true, more likely than not, which USCIS reads as a greater than 50 percent chance. It is a far lower bar than proof beyond reasonable doubt, and lower than clear and convincing evidence.
Source of fundsSource of funds is the documentary showing that an EB-5 investor's required capital, and the money used to pay administrative costs and fees, was obtained from a lawful source and through lawful means, proved by records rather than by assertion.
Immigrant Investor Program OfficeThe Immigrant Investor Program Office (IPO) is the single USCIS office that administers the EB-5 program and adjudicates its investor petitions and regional center filings. USCIS locates it in Washington, DC, not at a service center.

Checked against primary sources on 10 August 2026. Back to the glossary