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

Here is the correct and recommended approach.

1. Explain why the evidence was not submitted initially

   Clearly state that the documents were not included earlier due to company confidentiality restrictions. This explanation matters. It shows good faith and transparency rather than omission or inconsistency.

2. Obtain employer and HR approval before submission

   Yes, it is strongly recommended to involve HR. An official HR letter is often the safest and most credible way to introduce sensitive information. HR confirmation demonstrates that:

   • The employer authorizes the disclosure

   • The information is accurate and official

   • The evidence reflects the petitioner’s actual role and impact

3. Use an HR letter as an evidentiary anchor

   The HR letter should:

   • Confirm the petitioner’s role, scope, and authority

   • Describe why the role was critical or unique

   • Reference the newly submitted documents without overexposing proprietary details

   • Explain any redactions if applicable

   This allows USCIS to rely on the employer’s attestation rather than raw internal documents alone.

4. Submit supporting documents in a controlled manner

   Along with the HR letter, submit:

   • Redacted internal reports

   • Internal awards or recognition

   • Project summaries

   • Performance evaluations tied to extraordinary contributions

   Each document should clearly connect back to the claims made in the petition and the HR letter.

5. Tie the evidence to the legal framework

   In the RFE response, explicitly explain how the new evidence satisfies the regulatory criteria under 8 C.F.R. § 204.5(h)(3) and fits within the Kazarian two-step analysis. The goal is not volume, but alignment. USCIS must see how the evidence proves extraordinary ability and sustained acclaim under a preponderance of evidence standard.

Key takeaway:

An RFE is not a penalty. It is a structured second chance to complete the evidentiary story. When confidentiality prevented initial disclosure, an HR-approved letter combined with carefully selected supporting documents is not just acceptable, it is often the strongest way to prove critical role and extraordinary contributions without risking employer trust.

1. This discussion is provided for general informational purposes only and reflects common evidentiary practices observed in employment-based immigrant petitions. It does not constitute legal advice. Petitioners should coordinate closely with their employer and qualified immigration counsel to ensure that any documents shared in response to an RFE comply with company confidentiality policies and are presented in alignment with applicable USCIS regulations and adjudicative standards.