O-1A and O-1B RFE Response
An O-1 RFE is two problems: the notice and the petition beneath it.
We read them together, identify what USCIS actually rejected, and take over O-1A and O-1B responses from self-prepared or prior-counsel filings. Accepted matters can receive a complete response ready to file in as little as seven calendar days.
Generally 14 days must remain at acceptance.
An O-1 response has to solve the right problem
A criterion objection, a totality finding, and a petition-structure defect are not interchangeable. The response architecture follows the notice.
01
The criterion is read too narrowly
The notice may acknowledge the document but reject the fit—for example, treating a leading or critical role as an ordinary job, or published material as publicity about a project rather than material about the beneficiary. The response has to answer the officer's stated reason, not merely resubmit the exhibit.
02
The total record is discounted
Meeting individual criteria is not always the end of the analysis. The response may also need to show why the evidence, taken together, demonstrates the level of distinction required for O-1A or O-1B classification.
03
The petition mechanics are incomplete
O-1 RFEs can focus on the petitioner or agent relationship, contracts, the itinerary or explanation of events, and the advisory opinion. Those issues are different from extraordinary-ability evidence and need their own documentary answer.
Takeover Rules
The petitioner—not only the beneficiary—must be part of the change.
An O-1 petition belongs to the petitioning U.S. employer or agent. If another lawyer filed it, we can accept the response only when the proper petitioner authorizes us to replace counsel and sign a new Form G-28.
At intake, we need to know:
- Who the petitioning employer or agent is
- Whether current counsel still represents the petitioner
- The exact response date on the USCIS notice
- Whether the filed record is complete and available
- What supplemental evidence already exists and can be supplied promptly
First Step
Start with the deadline.
Send the response date on the notice and who the petitioner is. We assess the deadline and scope before asking for the notice and the full filed petition. Sending this form does not create an attorney-client relationship or start the seven-day clock.
Fortune 500 counsel, working directly on your case
Loren Locke
Managing Attorney
Partner-level immigration counsel to Fortune 500 employers at a national firm — and before that, a U.S. diplomat who decided some 12,000 visa applications at the consulate window.
“A corporate executive received O-1 extraordinary ability visa approval in just 10 days, qualifying under six criteria.”