An EB-2 NIW Request for Evidence (RFE) is a notice sent by a USCIS officer to a visa petitioner when the evidence submitted with their application is deemed insufficient to make a final determination. Specifically, this pertains to applicants seeking a second preference, employment-based national interest waiver (EB-2 NIW) Green Card.
An RFE is not a denial but a formal request for additional evidence to evaluate eligibility for the EB-2 NIW category. While receiving an RFE is common, understanding what is being asked and responding effectively is crucial to strengthening the case.
For official guidance on RFEs, visit the USCIS Request for Evidence Policy Page.
Understanding the EB-2 NIW Visa
The EB-2 NIW visa category allows foreign nationals with advanced degrees or exceptional abilities to bypass the usual labor certification requirement and avoid needing a U.S.-based employer to sponsor their application.
The national interest waiver is granted if the applicant demonstrates that their work:
- Has substantial merit and national importance,
- They are well-positioned to advance their proposed endeavor, and
- It is beneficial to the U.S. to waive the labor certification requirement.
However, an RFE may be issued if the petitioner fails to provide sufficient documentation to support their claim, requiring additional information to address eligibility concerns.
For more about the EB-2 NIW visa category, visit the USCIS EB-2 NIW Information Page.
What Does an EB-2 NIW Request for Evidence Contain?
According to the USCIS Policy Manual, an RFE typically includes the following:
- Eligibility requirements that have not been established and the reasons the submitted evidence is deemed insufficient.
- Specific pieces of missing evidence required under applicable statutes or regulations.
- Examples of acceptable evidence that can establish eligibility.
- An official request for additional evidence.
- The response deadline, usually 84 calendar days from the date of issuance.
This notification helps clarify what is needed before a final decision can be made on the application.
Types of EB-2 NIW RFEs and How to Respond
1. Clarification of Field of Expertise or Proposed Endeavor
- Issue: The petition does not adequately explain the field of expertise or the proposed endeavor.
- Response: Provide a detailed explanation of your professional field and proposed endeavor, emphasizing its alignment with national interest.
2. Insufficient Evidence of Impact in Field of Expertise
- Issue: Lack of evidence showing past contributions or potential future impact in the applicant’s field.
- Response: Submit publications, patents, awards, and testimonials demonstrating how your work has made or will make a significant impact in your field.
3. National Importance of Proposed Endeavor
- Issue: The endeavor’s national importance is not clearly substantiated.
- Response: Provide objective evidence showing how your work benefits the U.S., such as boosting the economy, improving public health, or advancing scientific innovation.
4. Beneficial to U.S. Interest Beyond U.S. Workers
- Issue: Insufficient proof that your contributions outweigh what a U.S. worker could achieve.
- Response: Highlight your unique expertise, indispensable role in specific projects, and examples of how your absence could hinder national goals.
5. Weak Petition Letter
- Issue: The initial petition lacks persuasive language or sufficient detail.
- Response: Redraft the letter to emphasize your qualifications, professional achievements, and the intrinsic merit of your endeavor.
6. Other Specific Evidence Requests
- Issue: Missing basic documentation (e.g., passport copies, proof of degree).
- Response: Provide the required documents promptly and ensure they align with the RFE instructions.
For more tips on responding to RFEs, refer to USCIS Tips for Submitting Evidence.
Steps to Respond to an EB-2 NIW Request for Evidence
- Read the RFE Carefully: Understand all requests and re-read the notice until the instructions are clear.
- Create a Checklist: Note all requested evidence and organize your response systematically.
- Gather Evidence: Collect all documents, including letters of recommendation, academic records, publications, and professional achievements.
- Draft a Cover Letter: Address each RFE point explicitly, providing detailed explanations and evidence to support your case.
- Include the Matter of Dhanasar Test: Demonstrate how you meet the three-pronged test requirements:
- Substantial merit and national importance of your endeavor.
- Your positioning to advance the endeavor.
- Benefit to waive the labor certification process.
- Submit Before Deadline: Ensure USCIS receives your complete response within the specified timeframe (typically 84 calendar days).
Frequently Asked Questions About EB-2 NIW RFEs
What is an EB-2 NIW RFE?
An RFE is a notice requesting additional evidence or clarification for an EB-2 NIW petition to determine eligibility.
How long do I have to respond to an EB-2 NIW RFE?
The standard timeframe is 84 calendar days from the date of issuance, though the deadline is always specified in the RFE.
What should I include in my response?
Your response should include a cover letter, supporting documents, and evidence directly addressing the RFE’s concerns while meeting the Matter of Dhanasar test criteria.
Is an RFE the same as a denial?
No, an RFE is a request for additional information. It allows you to strengthen your case before a final decision is made.
Conclusion: Responding to an EB-2 NIW RFE
Responding to an EB-2 NIW RFE requires meticulous preparation, comprehensive evidence, and a persuasive argument addressing USCIS concerns. By submitting a well-structured response that highlights your qualifications and the national importance of your work, you can significantly improve your chances of approval.
For professional guidance on preparing an EB-2 NIW RFE response, contact us today via our website at www.ebpathway.com. Our experienced immigration attorneys are ready to help you navigate the complexities of the RFE process and secure your EB-2 NIW Green Card