The EB2-NIW (Employment-Based Second Preference National Interest Waiver) is a great option for professionals who want to get a U.S. Green Card without an employer sponsor.
However, sometimes the United States Citizenship and Immigration Services (USCIS) asks for more information before making a decision. This is called a Request for Evidence (RFE). If you receive an RFE, do not panic. It simply means USCIS needs additional details to process your case.
In this blog, we will explain what an EB2-NIW RFE covers and how to write a strong response to increase your chances of approval.
What Does an EB2-NIW RFE Cover?
When you receive an EB2-NIW RFE, USCIS will tell you exactly what is missing or unclear in your petition. Some common reasons for an RFE include:
Substantial Merit and National Importance
One key requirement of EB2-NIW is proving that your work has substantial merit and national importance. If USCIS thinks your application lacks strong evidence, they may ask for more proof. You need to show how your work benefits the U.S. in fields like science, business, healthcare, or technology.
Evidence of Your Expertise
USCIS may question your qualifications, degrees, or work experience. They want proof that you have the skills and achievements required for an EB2-NIW petition.
Recommendation Letters for EB2-NIW
If your recommendation letters for EB2-NIW do not clearly explain your contributions, USCIS may ask for better letters. These letters should come from experts in your field who can explain your impact and why your work is important to the U.S.
Business Plan for EB2-NIW (If Self-Employed)
If you are self-employed, USCIS may request a business plan for EB2-NIW. This document should clearly show how your work benefits the U.S. economy and creates jobs.
EB2-NIW Supporting Documents
Sometimes, USCIS may ask for additional EB2-NIW supporting documents, such as published research, conference presentations, patents, awards, or letters from government agencies confirming the importance of your work.
Proof That You Are Well-Positioned
To get an EB2-NIW, you must prove you are well-positioned to continue your work in the U.S. If USCIS doubts your ability to succeed, they may ask for more evidence, such as job offers, funding, contracts, or collaborations.
How to Write an Effective EB2-NIW RFE Response?
If you receive an EB2-NIW RFE, you need to reply with strong, clear evidence. Here’s how to do it:
1. Read the RFE Carefully
The first step is to carefully read the RFE notice. Identify what USCIS is asking for and make a list of documents you need to provide.
2. Organize Your Response Clearly
Your response should be well-structured and easy to understand. USCIS officers review many cases, so presenting your information clearly will help your case.
Suggested format for your response:
- Cover Letter – A summary of your response with a list of included documents.
- Response Letter – Detailed answers to the RFE questions.
- Supporting Documents – Attach all required evidence.
3. Strengthen Your Evidence
If USCIS is questioning the impact of your work, provide stronger evidence, such as:
- More detailed recommendation letters.
- Additional proof of your work’s national importance.
- Government reports, news articles, or industry publications mentioning your contributions.
4. Get Stronger Recommendation Letters
If your recommendation letters for EB2-NIW were weak, get new ones from professionals who know your work well. These letters should clearly explain how your work benefits the U.S.
5. Improve Your Business Plan (If Needed)
If you are self-employed, update your business plan for EB2-NIW with clear financial projections and job creation plans.
6. Submit Everything Before the Deadline
You will have a deadline to respond. Make sure you prepare everything carefully and submit your response before the due date.
Eligibility for EB2-NIW RFE
To qualify for an EB2-NIW RFE (Request for Evidence), applicants must meet specific eligibility criteria under the National Interest Waiver (NIW) category. First, they must hold an advanced degree (master’s or higher) or demonstrate exceptional ability in their field.
USCIS evaluates whether the applicant’s work has substantial merit and national importance, meaning it benefits the U.S. in areas like healthcare, technology, education, or business.
Additionally, the applicant must prove they are well-positioned to advance their proposed endeavor. This includes providing EB2-NIW supporting documents like a business plan for EB2-NIW, evidence of past achievements, and recommendation letters for EB2-NIW from experts in the field.
Lastly, applicants must show that waiving the job offer and labor certification requirement is in the best interest of the U.S. If USCIS needs more evidence, they issue an EB2-NIW RFE, requiring a well-prepared response to strengthen the case.
FAQs
How to Respond to RFE?
To respond to an RFE, gather all the requested evidence, write a clear response letter, and submit everything before the deadline. Make sure your documents are well-organized and directly address USCIS’s concerns.
How Long to Receive an RFE on an EB2-NIW?
There is no fixed timeline, but applicants usually receive an RFE within 3 to 8 months after submitting their petition.
How to Reply to an RFE for EB2-NIW USCIS?
You should reply with a detailed response, including a cover letter, additional evidence, and improved documents that directly answer USCIS’s concerns. It’s best to seek professional help to ensure your response is strong.
How EB2Hub Can Help?
Writing an effective EB2-NIW RFE response can be challenging. At EB2Hub, we specialize in helping applicants respond to USCIS Request for Evidence with strong, well-prepared documents.
Our team can assist with improving your business plan for EB2-NIW, gathering EB2-NIW supporting documents, and writing recommendation letters for EB2-NIW to increase your chances of approval.
If you need help with responding to USCIS RFE, contact EB2Hub today for expert guidance! You can search Immigration Consultant Near Me.