Responding to RFEs in the EB-2 NIW Process

Responding to RFEs in the EB-2 NIW Process: A Practical Guide

Introduction

Receiving a Request for Evidence (RFE) from USCIS can feel discouraging, but it doesn’t mean your EB-2 NIW petition is headed for denial. RFEs are common and offer an opportunity to clarify or reinforce your case. With the right strategy and documentation, you can respond effectively and improve your chances of approval.

Why USCIS Issues RFEs for EB-2 NIW Applications

Understanding the common causes of RFEs helps you prepare a strong initial application or respond appropriately when needed. Top reasons include:

– Insufficient evidence of national importance
– Weak or vague business plan
– Inadequate financial projections
– Lack of proof of exceptional ability or advanced degree
– Missing or poorly written expert letters

How to Approach Your RFE Response

1. Read the RFE Carefully
   – Identify each concern or missing item
   – Highlight USCIS’s specific questions2. Organize Your Response
   – Use a cover letter summarizing how each point is addressed
   – Clearly label each supporting document2. Address the Weaknesses Directly
   – Don’t repeat the original claim—provide new or expanded evidence
   – Use quantifiable data and updated examples3. Strengthen Your Documentation
   – Provide letters from recognized experts
   – Include updated financials or market research
   – Add case studies or pilot project results

Tips for Writing a Persuasive RFE Response

– Be clear and concise—avoid lengthy, unfocused narratives
– Match each section of the RFE with targeted documentation
– Demonstrate progress or changes since the initial petition
– Use formatting (headings, bullet points, bold) to improve readability

Common Mistakes to Avoid

– Submitting generic or recycled responses
– Ignoring specific questions in the RFE
– Overloading with irrelevant or redundant materials
– Missing the submission deadline

Sample Outline for Your RFE Response Packet

1. Cover Letter
2. RFE Copy Highlighted
3. Response Sections (organized by USCIS point)
4. Supporting Documents
5. Expert Letters (labeled and indexed)
6. Updated Business Plan or Financial Forecast (if needed)

Conclusion

An RFE is a chance to strengthen your EB-2 NIW petition—not a dead end. By approaching it systematically and providing robust, well-organized evidence, you demonstrate credibility and commitment. The goal is to build a clearer, more convincing case that meets USCIS expectations.