H-1B RFE Response Cost in 2026 — What’s Included (and What Isn’t)

When employers compare H-1B quotes, the quiet line item is RFE response cost. USCIS does not charge a filing fee for an RFE reply. Counsel does. If your “flat fee” excludes RFE work, your true cost is not flat — it is petition fee plus whatever hours land when the officer asks for more.

Typical attorney pricing for RFE responses

What “RFE included” should cover

• Attorney analysis of the I-797E notice
• Drafting the response letter and exhibit index
• Gathering and reviewing supporting evidence with employer and candidate
• Filing the response package with USCIS
• Not the same as guaranteeing approval — adjudication stays with USCIS
• Not a substitute for USCIS government fees on the original petition

Questions to ask every quote

• Is one RFE response included, or billed hourly?
• Is a second RFE or NOID included?
• Are employer calls and evidence reviews during the RFE window extra?
• Does premium processing restart after the response — and who tracks the clock?
• Are USCIS fees clearly listed as separate from legal fees?

Why incentives matter

If counsel earns more when USCIS issues an RFE, the pricing model fights the outcome you want. Aligned flat fees that include RFE attorney work put both sides on the same goal: approval without surprise invoices. That is the model we publish on pricing and use for every filing case.