Can a new criterion be added in an RFE response?

Key answer

Members who reviewed hundreds of RFEs sort them into types: a detailed analysis with specific objections that must be answered point by point, and a fixation on one error, where the petition is effectively rebuilt. A long RFE means the case was read carefully and is rather a good sign. In the response you need not answer every question literally; you can rebuild the criterion and show it from another angle, adding evidence for the evidence. Some members bring in a lawyer at the RFE stage with a letter citing laws and case practice.

Community answers

The answers below are translated from the original Russian - the language of the community chats.

Having analyzed over a hundred RFEs in the past year, I identified several types, each requiring a specific approach. The first type is detailed analysis: the officer carefully reviewed the memorandum and evidence, pointing out specific issues; the response must directly address these questions considering the nature of the objections. The second type focuses on errors: the officer fixates on a specific mistake or inaccuracy, affecting the evaluation of the entire petition; it is necessary to clarify the main error and review each point of the petition, essentially rewriting and reformatting it.
When responding to an RFE, yes, you can skip some of its questions and respond to what you consider necessary. I don't think there were any nitpicks, just that something didn't fit or was described incorrectly. From my perspective: when replying, perhaps you shouldn't answer their question directly but instead reconstruct the criteria, present it from another angle, and additionally prove the evidence you attach: conditionally, you attach a well-known person and prove their notoriety, just knowing the measure is important.
A large RFE indicates a detailed case review, meaning they are familiar with the case. They considered two criteria from the case, which was thoroughly analyzed, and there are no hints in the RFE suggesting you lack talent. I believe this only indicates that the chances of winning are very high.
I don't know, I may say something incorrect, but it seems to me that if a case can be written independently, then an attorney definitely needs to be added for the RFE with their legal letter and references to all court cases, USCIS mistakes, and links to all laws. The RFE is essentially a dispute with USCIS, and legal language is necessary here.
If the RFE is not overwhelming, write a response and show the officer exactly what they want to see. In any case, you risk nothing. In my case, the officer asked all relevant questions, and we really needed to respond with documents and evidence, which helped us win another criterion, but we fell short due to an initially poorly assembled case.

The answers are anonymized community experience from the public chats, not legal advice. Officers may decide similar cases differently.

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Can a new criterion be added in an RFE response?

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