Top Reasons for EB2 NIW RFE
It’s common for EB-2 National Interest Waiver (NIW) visa applicants to be hit with a Request for Evidence (RFE). While you could prevent RFEs through a strong initial petition with comprehensive and relevant evidence, it’s understandable to receive RFEs from the USCIS.
In short, an RFE received from the USCIS is a request for added proof to support particular claims in your awaiting I-140 petition. As a petitioner, there’s a particular time period mentioned within which you must reply.
In this article, we’ll explore several reasons for RFE notices on your EB2 NIW visa.
Insufficient Evidence of Advanced Degree or Exceptional Ability
Among the most frequent reasons for an RFE is the lack of sufficient evidence to prove the petitioner holds an advanced degree or possesses exceptional ability. The USCIS needs clear and comprehensive documentation, including your diplomas and transcripts. In case you show a foreign degree, an equivalency evaluation is mandatory to verify that it meets US standards.
When claiming exceptional ability, you must provide substantial evidence meeting at least three of the specific criteria. These criteria include:
Academic records
10 years of full-time work experience
High salary indicative of your exceptional ability
Membership in professional associations
Recognition for achievements
If you fail to present three of these document categories, chances are you’ll receive an RFE in response to your I-140 petition
Insufficient Evidence of Substantial Merit and National Importance
Demonstrating substantial merit and national importance of your work is a top requirement to qualify for an EB2 NIW. The USCIS may issue RFEs if your field or nature of work is vague and not explicitly established as significant.
It’s likely that your I-140 petition didn't prove that your contributions have ongoing broad and positive impacts on the US. You may have missed out on detailed research papers, patents, expert testimonials, or media coverage proof.
Note that your work must address national issues or at least align with US priorities in industries like science, technology, health, education, or economic development. Without spot-on evidence of the national impact, your petition may fall short.
Insufficient Evidence of Being Well-Positioned to Advance the Proposed Endeavor
The USCIS will issue an RFE for the applicant’s failure to prove that they’re favorably placed to progress on their entrepreneurial or other employment-based missions. You may’ve failed to showcase a high-level track record and coherent plan for your intentions.
Your documents file may contain loopholes, such as incomplete information on your previous project descriptions, low-standing awards, or professional achievements that weren’t in sync with your core line of work.
Furthermore, you should outline a strategic plan detailing your intended contributions in the US. From lists of resources to development timelines and implementation strategies—the more articulation, the less chances of triggering an RFE.
Insufficient Evidence that Waiving Your Labor Certification Requirement is in the Nation’s Interest
The US government welcomes individuals with superior, innovative, and unique achievements that can benefit the nation. They waive the time-consuming PERM labor certification processes to increase the turnaround time of your application. However, if your argument can’t convincingly prove that this waiver benefits the US, don’t be surprised by an RFE.
To minimize the risk of receiving a Request for Evidence, it’s essential to highlight how your advanced contributions warrant an exemption from the labor market test. Improve your evidence file by proving how your work is unique and urgently needed and that there aren’t comparable US workers offering similar skills.
Another reason could be the cloudiness in verifying your argument. Consider assembling detailed labor market analysis, expert opinions, and signed letters of recommendation from industry leaders to strengthen your application.
General Inconsistencies or Gaps in the Petition.
Lastly, RFEs are commonly issued because of inconsistencies or gaps in the petition. Even the littlest discrepancies in your data, such as dates, names, or job titles, can raise red flags.
Additionally, incomplete forms or missing documents are common triggers. Failure to double-check whether all provided information is accurate and consistent across all documentation can considerably affect your I-140.
Summary of Additional Reasons for Receiving an RFE Response
You can stay mindful of these additional reasons to avoid an RFE response to your employment-based immigration application:
Overly generic letters of recommendation lacking specific details and classified as insufficient endorsements since the issuer isn’t a recognized expert in your field
Failure to adequately explain how your work ties into national interests or addresses specific US needs
Lack of comparative analysis showing how your work is unique compared to others in your field
Disclosure of past legal issues or discrepancies in personal history without adequate explanation or resolution
Lack of evidence demonstrating potential job creation or economic growth resulting from your work
Any conflicting details within the submitted documents or between different forms and evidence
Submission of documents in a foreign language without proper English translation
Missing or inadequate financial statements, letters of financial support, or grant letters
Verdict
All in all, your application needs clearly organized evidence from the start. Anticipate potential areas of concern in your paperwork and proactively address them with supportive documentation.
You want to include relevant and substantial evidence that directly supports each of the prongs of the NIW criteria.
Finally, engage with an immigration attorney to review your I-140 petition before submitting it.
