Sharing Additional Documents During an RFE

Discussion Two

How should significant company documents be shared during an RFE if they were missed in the initial filing, especially when confidentiality is involved? Is it always recommended to obtain an HR letter?

Answer:

This situation is common and USCIS understands it well. Many employers restrict the release of internal documents such as internal metrics, client lists, proprietary processes, revenue data, or internal recognition due to confidentiality policies. Because of this, it is acceptable that certain evidence was not included in the initial petition.

When an RFE is issued, it creates a formal opportunity to supplement the record. Please find the approach below.¹