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by Niloofar Rahimi Zadeh updated on Sep 28, 2026 05:16:30 PM
Receiving a Request for Evidence, or RFE, after using Day 1 CPT can be stressful, but an RFE is not the same as a denial. It means U.S. Citizenship and Immigration Services (USCIS) believes additional evidence is needed before it can decide the petition or application.
For F-1 students who used Curricular Practical Training (CPT) and later move into the H-1B process, USCIS may examine questions involving maintenance of F-1 status, CPT authorization, academic participation, the H-1B position, or the beneficiary's qualifications. The exact issue depends on the individual case and the language of the RFE.
There is also an important 2026 change: applicants and petitioners should no longer assume USCIS will always issue an RFE before denying a deficient filing. On August 5, 2026, USCIS updated its evidence policy to restore officers' discretion to deny a benefit request without first issuing an RFE or Notice of Intent to Deny when required initial evidence is missing or the existing record does not establish eligibility.
That makes complete documentation—both when an H-1B petition is filed and when an RFE is answered—more important than ever.
A Major 2026 Change to CPT Guidance
Students and schools should also be aware of a significant development that occurred in August 2026.
On August 12 and August 24, the Student and Exchange Visitor Program (SEVP) issued new broadcast messages concerning CPT authorization. The August 24 guidance adopted a narrower interpretation of when practical training is considered an integral part of an established curriculum.
Universities implementing the guidance have explained that simply registering for an internship or practicum course—or receiving academic credit—does not by itself establish CPT eligibility. Under the current SEVP interpretation, practical training must be an integral and required component of the established curriculum, and schools are examining whether the requirement applies to students participating in that curriculum regardless of citizenship.
This is particularly important for students considering new CPT authorization in fall 2026 and beyond. It does not mean that every previous CPT authorization automatically becomes invalid. For an older CPT period that appears in an RFE, the actual notice, the student's records, the applicable program requirements, and the circumstances at the time should be reviewed carefully.
For current students, however, relying only on an elective internship course or the fact that an internship earns academic credit may no longer be enough under a school's implementation of the updated federal guidance.
Documents you need to collect
From your university
- RFE Support Letter
- Attendance Report
- CPT Corporate Agreement
- Enrollment Verification
- Official Transcript
- Academic Record
- Tuition Record
From your Employer
- Payroll record (Better > 3 Months)
- Job Description
- Offer Letter
By yourself
- i-20 (s)
- Travel records, such as parking tickets, gas receipts, train/plane tickets, etc.
- Study-related spending records, such as receipts for textbooks, software, etc.
- Syllabus, handouts
- Homework samples, study plan, study notes
- Record of you using your university email to receive and send messages regarding your study
- Proof of address (i.e. utility bill, credit card statement, lease agreement, or mortgage statement, etc.)
Dos and Don’ts
When writing your RFE report, be specific if you used CPT for a prolonged period and had changed employers or universities in between, list every single one of them, better in chronological order. When explaining your CPT, directly address the question “which part of your study is related to which part of your internship duty”.
Currently, the RFE pass rate is around 75-80%. With the right materials, even if you had to go through it, it is highly likely that you will pass. Usually, people depend on their employers and their lawyers to deal with RFE material preparation. We recommend you step in and be involved in the process, instead of passively waiting. Lawyers, as professional as they are, do make mistakes. In this case, you will be the sole party to suffer the consequences. It is always better to have some level of control over your own fate. It is not uncommon that RFE fails due to insufficient communication between petitioners and their lawyers.
Build a Clear F-1 and CPT Timeline
In most cases, the petitioner will receive an e-notice first. It takes approximately 10 days before you will receive the official letter (paper-based) with a checklist of the requested additional materials. Once all materials are submitted, it takes a couple of weeks for USCIS to process. If your case is complicated and further appeal is expected, the waiting time can be months. During this period, you are allowed to take a new job offer or assume a new position as long as your legal status is maintained. We highly recommend you limit unnecessary cross-border travels and stay put until RFE is resolved.
Common H-1B RFE Issues Beyond CPT
1. Specialty Occupation
USCIS's current Form I-129 instructions define an H-1B specialty occupation as one requiring highly specialized knowledge and at least a bachelor's degree or higher in a directly related specific specialty, or its equivalent.
"Directly related" does not mean that only one degree title can qualify. USCIS explains that multiple degree fields may be acceptable when each has a logical connection to the duties of the position. A generalized degree without sufficient specialization, however, may not satisfy the standard.
A specialty-occupation RFE may therefore focus on the actual duties of the job, their complexity, the employer's degree requirements, the relationship between the qualifying field of study and those duties, or evidence concerning industry hiring practices.
An expert opinion letter can sometimes be supporting evidence, but it is not an automatic solution. The response should address the specific deficiency USCIS identified and should be supported by the complete record.
- Sample: https://www.profval.com/post/expert-opinion-letter-template-for-a-specialty-occupation-rfe-h-1b
2. Beneficiary Qualifications
USCIS may separately examine whether the beneficiary personally possesses the education or equivalent qualifications required for the specialty occupation.
Depending on the case, relevant evidence could include U.S. degrees, transcripts, foreign degrees, credential evaluations, evidence of specialized training or qualifying experience, and professional licenses where the occupation requires one. USCIS's current I-129 instructions expressly identify U.S. degrees, qualifying foreign degrees and qualifying combinations of education, training or experience as potential evidence.
3. Employer-Employee Relationship
This is a rather easy thing to prove. Materials like a contract and your supervisor’s notes will help.
4. Company Address/VIBE
This is also an easy puzzle to solve. You should consider yourself lucky if this is the only reason you’ve gotten an RFE. It is possible that your company’s information was not updated on USCIS’s platform. All you need to do is update your information and ask your employer to update their information according to USCIS’s request.
5. Availability of Work
- On-site
If you are working for a small company, you may receive an RFE based on this reason. The company must prove that your position will still be there in 3 years, which is the length of an H1B visa.
- Off-site
Usually happens when you are applying for an H1B from outside the U.S. In this case, you are at the mercy of the company that hires you. It will be up to them to prove the necessity of bringing you on board. There are many other individualized reasons for an RFE.
We cannot cover them all. It is always a good idea to consult with professionals. Meanwhile, stay calm and carry on. We wish you the best of luck in passing RFE and start a new chapter of your life here in America.
How Long Do You Have to Respond to an RFE?
Always use the deadline printed on the RFE.
The regulation places a maximum response period of 12 weeks on an RFE and 30 days on a NOID, but that does not mean every RFE must provide the full 12 weeks. USCIS may set a shorter response period depending on the case, and additional response time generally may not be granted.
The August 2026 USCIS policy makes this distinction more important: 12 weeks is a maximum, not a guaranteed standard response period.
Missing the deadline or submitting only part of what USCIS requested can have serious consequences. Petitioners should therefore begin organizing the response as soon as the notice is received.
👉You can use the tool to track your progress: USCIS case progress tracker