If USCIS issued an RFE 10 months after filing, how long can they then take to review the response? Are there any set time limits or deadlines for USCIS to act on an RFE response, or can they delay indefinitely? I want to understand whether the review time is limited once the documents have been submitted.
USCIS doesn’t have an official deadline for reviewing a response. When I answered an RFE, I got a message from them on the 13th business day. But that was premium processing — without it you can expect to wait much longer.
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What kind of case did you have, if you don’t mind me asking? I applied without premium — now I’m wondering if it’s worth paying extra so there’d at least be some timeframes.
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You can add an I-907 and switch to premium when submitting your response to an RFE — you didn’t have to file that way initially. Then they have 15 business days after receiving your response to make a final decision. Without premium for EB-2 NIW you’ll wait several months; there are no consistent timelines.
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I had an EB-2 NIW. About the money — if you originally filed with premium processing, that $2,805 covers both the initial review and the response to an RFE, 15 business days for each stage. I got mine on the 13th precisely because I went with premium processing from the start — it’s two 15-day cycles covered by one payment.
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About the RFE response deadline — the applicant is usually given up to 84 days, plus 3 days for delivery. At least that gives us a clear deadline on our side. Waiting for a decision afterward without premium processing is another story; I’ve heard the wait can run into months, if not longer. We’re currently looking into EB-1 and O-1 options ourselves and have already decided — if we apply, it will only be with premium processing from the start.
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The RFE letter itself states the exact number of days — look there, don’t take lawyers at their word. I’ve heard some people say 90+60, but the document itself doesn’t mention those extra 60. After we sent the response with premium processing, the decision came on the 11th business day, i.e., at the start of the third week.
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190 days without a response after filing — that’s serious. Without premium there’s no official cap, and the range is huge: I’ve seen cases where they replied within a week, and cases where people waited more than six months. With delays like that it’s worth trying a Congressional Inquiry through your state’s congressperson’s office — some say that after that the case starts moving faster.
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For EB-1A with premium processing I waited 14 business days for a decision on the RFE — just under three weeks. Without it, honestly, I can’t imagine what would have happened; I think my nerves wouldn’t have held up. My category is banking, digital payments — not the most typical case, but we were within the 15-business-day window for premium processing.
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When I had an RFE on my O-1B, I also used premium processing from the very start — it was done within 15 business days. And the fact that you can add Form I-907 right when you file the response — that’s not obvious at all, I found out by accident. If you’ve already filed without premium, adding it is a real option so you don’t have to wait who knows how long later.
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I went through this on my EB2-NIW — I waited without premium processing, then was denied. When I reapplied under EB-1A, I filed with premium processing right away — at least then you know when to expect a decision. Without it, it’s literally a lottery.
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They couldn’t charge the attorney’s card for the premium processing case — and it wasn’t returned to the original office; instead it was sent from one USCIS office to another. They’re like, “not ours, yours.” So if you upgrade via Form I‑907 when filing a response, make sure the payment actually went through and that the case was accepted by the specific office — don’t rely on automation.
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People get approved without premium processing too — they get the same O-1A, but no one knows exactly when. After being denied following the RFE, we’ve decided to reapply right away with Form I-907 — we just can’t bear sitting around not knowing where the case stands.
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