Building the Record Before USCIS Asks
For immigration attorneys, a Request for Evidence has traditionally provided an opportunity to address questions USCIS identifies after reviewing a petition.
But an RFE should not be treated as an opportunity that is guaranteed to come.
For petitions involving complex academic credentials, degree-field questions, beneficiary qualifications, or specialty occupation issues, this makes one principle increasingly important:
If an expert letter or evaluation may be necessary to establish eligibility, the strongest approach is often to include it with the initial filing - not wait for an RFE.
This is particularly important following USCIS's August 5, 2026 policy announcement, which restored officers' discretion to deny certain benefit requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when the evidence submitted does not establish eligibility. In practical terms, petitioners cannot assume they will receive another opportunity to supplement the record after filing.
Identifying Potential Issues Before Filing
The first step is determining what the petition needs to establish and whether any part of that analysis requires additional explanation.
Common questions include:
Does the beneficiary possess the U.S. equivalent of the required academic credential?
Does the beneficiary's degree field sufficiently relate to the offered position?
Do the position's duties require specialized bachelor's-level knowledge?
Can professional experience appropriately supplement academic study?
Does CPT employment have an appropriate academic relationship to the student's degree program?
A credential evaluation, work experience evaluation, specialty occupation opinion, course mapping, and academic-relationship opinion each address different questions.
The goal should therefore not be to obtain an expert letter simply because one might eventually be requested.
Instead:
Identify the issue → determine the evidence needed → obtain the appropriate analysis → include it in the initial record.
The Fortis Approach
At Fortis, we believe expert evidence is most effective when it addresses the potential issue directly and makes the methodology behind its conclusions clear.
1. Establishing the Academic Foundation
Where an opinion concerns a beneficiary's education, the analysis begins with the underlying academic record.
This may include the credential, transcripts, program duration, institutional recognition, field of study, coursework, and the educational system in which the credential was earned.
Where the degree title and offered occupation do not neatly align, the analysis can examine the actual coursework rather than relying exclusively on the title printed on the diploma.
A degree title identifies the credential awarded. The academic record helps explain what the beneficiary actually studied and how that education relates to the proposed position.
2. Connecting the Evidence to the Position
An effective expert opinion should do more than state a conclusion.
Where the question concerns the relationship between education and an H-1B position, for example, the analysis may compare relevant coursework with the specialized duties of the position and explain how the knowledge developed through those courses applies to the work being performed.
Similarly, a specialty occupation opinion should explain why the particular duties require specialized knowledge and how relevant bachelor's-level fields provide the academic foundation necessary to perform them.
The objective is to make that reasoning part of the initial USCIS record rather than explaining it for the first time in response to an RFE.
Choosing the Right Evidence From the Outset
Not every petition requires an expert opinion, and more evidence does not automatically mean a stronger filing.
A straightforward foreign degree may require only an academic credential evaluation.
A beneficiary whose degree field differs from the offered position may benefit from detailed course mapping.
A position whose specialized nature is not obvious from its title may warrant a specialty occupation expert opinion.
A beneficiary relying on education and professional experience may require a combined academic and work experience evaluation.
The important point is to identify these needs before filing whenever possible.
If the petition already presents a foreseeable academic or occupational question, waiting for USCIS to identify the same issue through an RFE may leave an avoidable gap in the initial record.
Building the Record From Day One
An RFE can provide valuable insight into what USCIS believes is missing. But petition strategy should not depend on receiving one.
Where an academic equivalency, degree-to-position relationship, specialty occupation issue, or experience-based qualification requires expert explanation, including that analysis with the initial submission allows USCIS to consider it during its first review of the case.
The question for attorneys should therefore not simply be:
“Can we obtain an expert letter if USCIS issues an RFE?”
A better question at the outset is:
“Is there an issue in this petition that would benefit from independent academic or occupational analysis before we file?”
At Fortis, our evaluations and expert opinions are designed around that specific evidentiary question—whether establishing foreign credential equivalency, analyzing relevant coursework, evaluating professional experience, or examining the specialized academic requirements of a position.
Identify the issue early. Select the appropriate analysis. Make the reasoning clear. Include it in the initial record.
Preparing a petition involving a complex academic or specialty occupation issue? Request an assessment or quote through the Fortis Client Portal.