An O-1 visa petition can be denied or delayed when the evidence does not sufficiently establish that the beneficiary meets the applicable legal requirements. One of the most common ways USCIS seeks additional information is through a Request for Evidence (RFE).
An RFE does not necessarily mean that USCIS intends to deny the O-1 petition. Instead, it generally means that USCIS believes the evidence submitted with the petition does not yet sufficiently establish eligibility or that additional documentation is necessary to resolve an issue in the case.
For O-1 applicants, understanding the most common reasons for RFEs can help petitioners prepare a stronger filing from the beginning. USCIS updated its O-1 evidentiary guidance in January 2025, including guidance concerning O-1A and O-1B supporting documentation and the totality-of-the-evidence analysis.
What Is an RFE in an O-1 Visa Case?
A Request for Evidence (RFE) is a written notice from USCIS requesting additional evidence or clarification before the agency makes a final decision on a petition.
The petitioner has the burden of establishing eligibility for the requested immigration benefit. USCIS evaluates the evidence submitted in the petition and may request additional documentation when the existing record does not sufficiently establish eligibility.
Importantly, satisfying a certain number of O-1 Extraordinary Ability Visa evidentiary criteria does not automatically guarantee approval. USCIS evaluates the evidence in the context of the applicable requirements and considers the record as a whole.
1. Insufficient Evidence of Extraordinary Ability or Achievement
One of the most common reasons for an O-1 RFE is that the petition does not sufficiently establish the beneficiary’s extraordinary ability or achievement.
For O-1A petitions, the beneficiary generally must demonstrate extraordinary ability in the sciences, education, business, or athletics through the applicable regulatory evidence. O-1B petitions involve different evidentiary standards depending on whether the beneficiary is seeking classification based on extraordinary ability in the arts or extraordinary achievement in motion pictures or television.
A petition may identify several achievements but fail to explain their significance within the beneficiary’s field.
For example, a resume showing awards, publications, speaking engagements, or successful projects does not necessarily establish why those accomplishments demonstrate extraordinary ability. A strong petition should connect each piece of evidence to the applicable O-1 criterion and explain its significance.
2. Evidence Does Not Clearly Establish the Significance of the Beneficiary’s Achievements
Another common problem is submitting evidence without sufficient context. USCIS does not evaluate evidence solely based on the number of documents submitted. The quality, relevance, credibility, and probative value of the evidence matter.
For example, an award may appear impressive, but the petition should explain:
- Who grants the award;
- How recipients are selected;
- Whether the award is nationally or internationally recognized;
- How competitive the award is; and
- Why receiving it demonstrates recognition in the beneficiary’s field.
Similarly, a published article may be relevant, but the petition should establish the publication’s significance and demonstrate that the material concerns the beneficiary and their work where the applicable criterion requires it. This is why an effective O-1 petition should present a legal argument, rather than simply a collection of documents.
3. Weak or Generic Recommendation Letters
Recommendation letters can support an O-1 petition, but generic letters often fail to provide meaningful evidence.
A strong recommendation letter should explain the beneficiary’s actual achievements, professional impact, and reputation. It should provide specific examples rather than simply stating that the beneficiary is “extraordinary” or “one of the best” in the field.
The writer’s qualifications and relationship to the beneficiary can also matter. A letter from a recognized expert who can independently explain the significance of the beneficiary’s work may be more persuasive than a generic letter containing unsupported conclusions.
This issue is particularly important for applicants building an O-1 portfolio. Oguz Law’s How to Build a Strong O-1 Visa Portfolio: 2026 Guide discusses how evidence should be organized into a coherent professional profile.
4. Evidence That Does Not Match the Correct O-1 Criterion
Another reason USCIS may issue an RFE is that the evidence is presented under a criterion that does not actually apply to the beneficiary or does not satisfy its requirements. O-1A and O-1B have different evidentiary frameworks. Therefore, applicants should not assume that evidence qualifying under one category automatically qualifies under another.
USCIS specifically updated its guidance in 2025 concerning supporting documentation for both O-1A and O-1B beneficiaries. Applicants should first determine whether the case belongs under O-1A or O-1B, then identify the criteria that genuinely correspond to the beneficiary’s field and evidence.
5. Overreliance on Social Media or Online Popularity
For influencers and content creators, social media statistics can be useful evidence of professional success, but follower counts alone do not establish O-1 eligibility. USCIS evaluates whether the evidence demonstrates the level of recognition required by the applicable O-1 classification.
An applicant may have hundreds of thousands of followers but still need evidence showing professional recognition, media coverage, commercial success, original contributions, or other qualifying achievements.
6. Weak Evidence of Original Contributions
For applicants relying on original contributions, USCIS may issue an RFE when the petition establishes that the beneficiary created something original but does not sufficiently demonstrate its significance.
The petition should distinguish between simply doing original work and making a contribution that has meaningful significance within the relevant field.
Supporting evidence may include independent documentation of the contribution’s impact, adoption, recognition, commercial significance, citations, implementation, or other objective indicators appropriate to the profession. The exact evidence depends on the beneficiary’s field and the applicable O-1 category.
7. Insufficient Evidence of Leading or Critical Roles
USCIS may also request additional evidence when the petition claims that the beneficiary performed a leading or critical role but does not establish the significance of the organization or the beneficiary’s role. A job title alone may not be sufficient.
The petition should explain:
- The reputation of the organization;
- The beneficiary’s specific responsibilities;
- Why the role was leading or critical;
- The beneficiary’s contribution to the organization; and
- Objective evidence supporting those claims.
The goal is to demonstrate not merely that the beneficiary held an important-sounding position, but that the evidence establishes the significance of that role.
8. Problems With the Proposed U.S. Employment, Contract, or Itinerary
An O-1 petition also requires evidence concerning the beneficiary’s proposed U.S. employment.
USCIS Form I-129 instructions indicate that O-1 petitions generally include documentation such as the required consultation, a written contract or summary of an oral agreement, and an explanation of the nature of the events or activities, including an itinerary where applicable.
If these documents are incomplete, inconsistent, or unclear, USCIS may request additional evidence. This issue can be especially important for founders, entrepreneurs, consultants, freelancers, and individuals working on multiple projects.
For additional guidance, see Oguz Law’s Can Startup Founders Qualify for an O-1 Visa? Requirements and O-1 Visa vs. H-1B: Which Visa Should You Choose?.
9. Missing or Inadequate Consultation Evidence
Certain O-1 petitions require a written consultation or advisory opinion from an appropriate peer group, labor organization, or management organization. USCIS explains that the consultation addresses the nature of the proposed work and the beneficiary’s qualifications.
The applicable consultation requirements depend on the O-1 classification and the beneficiary’s field. A missing consultation, an inappropriate consulting organization, or insufficient documentation concerning the consultation requirement can create additional issues in the petition.
How Can You Reduce the Risk of an O-1 RFE?
There is no way to guarantee that USCIS will not issue an RFE. However, petitioners can reduce avoidable problems by:
- Selecting the correct O-1 classification;
- Identifying the strongest applicable evidentiary criteria;
- Providing objective and independently verifiable evidence;
- Explaining the significance of each major achievement;
- Using detailed and credible recommendation letters;
- Ensuring that the proposed U.S. employment is clearly documented;
- Checking the consultation requirements;
- Resolving inconsistencies before filing; and
- Presenting the evidence through a coherent legal argument.
A strong O-1 petition should answer the central question before USCIS has to ask it: Why does this evidence establish that the beneficiary meets the O-1 requirements?
Does Receiving an RFE Mean My O-1 Visa Will Be Denied?
No. An RFE does not automatically mean that an O-1 petition will be denied. USCIS may issue an RFE when additional evidence or clarification is needed.
The response should address every issue identified in the RFE and provide relevant evidence within the applicable deadline. A response should not simply resubmit the original petition. Instead, it should directly respond to USCIS’s concerns and strengthen the evidentiary record where appropriate.
Because an RFE response can materially affect the outcome of an O-1 case, the response should be prepared carefully and consistently with the original petition.
Frequently Asked Questions About O-1 RFEs
What is the most common reason for an O-1 RFE?
A common reason is insufficient evidence establishing that the beneficiary meets the applicable O-1 evidentiary requirements. This can result from weak documentation, inadequate context, or an unclear explanation of why the evidence demonstrates extraordinary ability or achievement.
Can USCIS issue an RFE even if I meet three O-1 criteria?
Yes. Meeting the required number of evidentiary criteria does not automatically guarantee approval. USCIS evaluates the evidence under the applicable legal framework and considers the overall record.
Does an O-1 RFE mean my case is weak?
Not necessarily. An RFE means USCIS is requesting additional evidence or clarification. The significance of the RFE depends on the specific issues raised and the evidence available to address them.
How should I respond to an O-1 RFE?
The response should address each issue raised by USCIS, provide relevant supporting documentation, and clearly explain how the evidence establishes eligibility. The response should also remain consistent with the original petition.
Can an O-1 attorney help with an RFE?
Yes. An experienced O-1 immigration attorney can review the RFE, identify the specific evidentiary concerns, determine what additional evidence may be available, and prepare a structured legal response.
How Oguz Law Can Help
An O-1 petition is not simply a collection of awards, publications, recommendation letters, and professional documents. The evidence must be organized and presented in a way that demonstrates eligibility under the applicable USCIS requirements.
At Oguz Law, we assist professionals, founders, entrepreneurs, artists, influencers, researchers, and other highly accomplished individuals with O-1 petition strategy, evidence preparation, and RFE responses.
If you are preparing an O-1 petition or have received an RFE from USCIS, our team can evaluate the evidence, identify potential weaknesses, and develop a legal strategy tailored to your professional profile. Contact Oguz Law to discuss your O-1 visa case and determine how to respond effectively to USCIS requirements.
