How to Deal with a Nightmare RFE

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The Nightmare RFE strikes terror into the hearts of lawyers. Also known as the Kitchen Sink because there’s absolutely everything in it BUT the kitchen sink, this RFE demands an impossible list of requirements for H1B visa petitioners to meet. In 2009, we hardly saw a single Nightmare RFE come across our desks. Now we’re seeing as many as four in one day. We don’t know what triggers these REFs, but we do know that even were the standards they set possible to meet it would take an impossible amount of time and money to actually meet them in the real world. We’re not sure the USCIS even has the RIGHT to make these demands, but we’re seeing them in record numbers.

However, we have seen almost all of these approved. There are no guarantees when it comes to the USCIS, but we have seen roughly 95% of Nightmare RFE responses approved with our slightly different approach.

It’s important to keep in mind that the WORDING of an RFE can throw you off course in actually fulfilling USCIS requirements. CCI can help you navigate the road map to success in your RFE based on the experience we have in dealing with these situations.

We will be happy to review your Nightmare RFE for free at

This article was written by Rebecca Little