5-Steps on How to Respond to EB2 NIW RFE (With Common RFE Reasons)
You’ve decided to take the high road and file for an EB-2 National Interest Waiver (NIW). As you prepare to celebrate the prospect of a future green card, you may get a Request for Evidence (RFE). Don’t worry much since this speed bump is navigable through some strategy, patience, and preparation.
This article discusses everything you need to know about responding to an EB2 NIW RFE without risking a refusal.
Bonus Read: Access this complete guide on different EB visas for immigrating to the US.
What is an EB2 NIW RFE?
The RFE is a notice sent to 2nd preference employment-based (EB) visa petitioners by an immigration officer requesting for additional evidence for their application. Look at it as a chance to provide the necessary information for the applicant’s EB2 NIW eligibility. Moreover, since the applicant has attempted to get an NIW so that they can get the visa without a job offer or PERM labor certification, the supplementary evidence must 100% clear any doubts about their claims.
An RFE can be triggered by a variety of issues in your pending I-140 petition, like:
Lack of sufficient evidence for the criteria you claim to meet
Ambiguities or inconsistencies in your application
Changes in USCIS policies or interpretations of the law
Receiving an RFE doesn’t mean your EB2 NIW application is denied. It’s a mere request for more information to adjudicate your case.
Source
Common RFE Reasons
Here are some specific issues that often trigger RFE for EB2 NIW applications:
Issue 1: Insufficient Evidence of Exceptional Ability in case you are not relying on Advanced Degree as a basis of your eligibility
The USCIS may not be convinced you’ve met the “exceptional ability” criteria for an EB2 NIW. You may need:
Additional letters of recommendation (LOR) from respected industry professionals
Evidence of major awards or high-level contributions in your niche
Proof of your work’s impact (patents, publications, media coverage, etc.)
Keep a goal to impress the immigration officer with evidence of your brilliance in your profession.
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Issue 2: Lack of National Interest
One of the trickiest parts of the EB2 NIW is proving how your work is of national importance. USCIS may question whether your contributions are significant enough to warrant a waiver of the job offer requirement. To address this:
Offer documentary evidence of how your proposed endeavor benefits the US on a national scale
Include letters from government agencies, industry experts, multinational organizations, or academic institutions supporting your work’s importance
Highlight how your work addresses critical national issues like public health, technology, or the economy
Remember, more than proving you’re great at what you do, prove how your abilities are indispensable to the nation.
Issue 3: Inconsistent or Incomplete Information
If there are inconsistencies in your application—such as different dates or conflicting details—USCIS will flag this in an RFE. The best way to address this is to:
Provide a clear, comprehensive explanation of the discrepancies
Submit supporting documents clarifying any confusion
Transparency is key here. Don’t try to hide mistakes—own and explain them.
Issue 4: Insufficient Letters of Recommendation
Any letters of recommendation the USCIS deems as weak will lead to this issue. To strengthen your case:
Get letters from high-ranking or reputed professionals in your field
Ensure the letters are specific, detailing your contributions and their high-value impact
Avoid generic letters—USCIS can spot these a mile away
Get opinion letters from independent experts commenting on your work
All in all, a poorly stated petition letter and insufficient evidence substantiation will considerably dent your EB2 NIW application.
5 Steps to Respond to EB2 NIW
Now that you know the common causes of an RFE, let’s see the steps to craft a winning response to your RFE:
Step 1: Read the RFE Carefully
Before you start gathering additional documents or writing a response, you need to fully understand what USCIS is asking for. RFEs can range from general to specific details like further evidence of your extraordinary abilities or explicit proof that you’ve published a minimum of three high-value articles in peer-reviewed journals.
Ensure to read every word in the RFE response. Skimming through the letter may lead you to submit an inadequate response that doesn’t address USCIS’s concerns
Step 2: Gather the Requested Evidence
Once you’ve deciphered what the USCIS needs, begin collecting the demanded evidence. Be thorough but also strategic. You don’t want to overwhelm the immigration officer with irrelevant information.
Firstly, collect expertly crafted LORs from colleagues, peers, and mentors, mentioning how you introduced new concepts, technologies, or groundbreaking contributions. Secondly, collect citations of your work’s impact through research or letters from industry leaders. Thirdly, submit sufficient proof of your work’s significance to the nation's interest.
Tip: Having a few strong, detailed letters is better than a stack of vague ones.
Step 3: Write a Persuasive Cover Letter
Your cover letter is the roadmap for your RFE response.
It should address each point raised in the RFE, outline the evidence you’re providing, and explain how the evidence satisfies the criteria USCIS is questioning.
Note that this isn’t a bureaucratic formality. It’s your opportunity to prove your skillset that can considerably benefit the US.
Step 4: Organize Your Response like a Professional
Remember that USCIS officers are busy people. The easier you make their job, the more likely they’ll view your application favorably.
If you’re submitting heavy documentation, add a table of contents at the beginning. Similarly, use tabs or labels to separate different sections for easier accessibility. Lastly, paginate your entire response so it’s easy to reference specific documents.
Step 5: Review and Submit Before Deadline
Double-check whether you’ve addressed every point in the RFE. Make sure of no typos or missing documents. It’s best to hire experienced immigration law experts to draft your response and represent you.
And most importantly, adhere to the deadline set by the USCIS. Missing this date will inevitably result in a rejected application. USCIS sometimes provides flexibilities such as during COVID or if the due date is on the weekend or on a national holiday. However, it is always better to submit the response before the due date granted by the USCIS.
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