What You Need to Know About RFEs in EB-2 NIW Petitions

If you’re preparing or have already submitted an EB2 NIW petition, you may have heard of the term RFE (Request for Evidence).

But what exactly is it? Is it something to worry about? And can it be prevented?

Let’s break it down 👇

Update — August 2026: On August 5, 2026, USCIS revised its guidance on initial evidence. When required initial evidence is missing from a filing, officers may now deny the petition without issuing a Request for Evidence or a Notice of Intent to Deny first. The policy applies to petitions already pending, not only to new filings. An RFE is still possible, but it is no longer a step you should count on. We explain what changed, and what to check before filing, in Can a Missing Translation Get Your EB-2 NIW Denied Without an RFE?

What is an RFE?

A Request for Evidence is a formal notice from USCIS asking for additional documentation or clarification before they can make a decision on your case.

It doesn’t mean your case is denied, just that the officer needs more information to evaluate it properly.

Are RFEs common in EB-2 NIW cases?

They have been. As USCIS increased scrutiny in NIW adjudications, RFEs became more frequent, even in cases that appeared solid. Since August 2026, however, an RFE is no longer the expected step when a filing is incomplete: where required initial evidence is missing, USCIS may deny the petition without issuing one.

📉 Approval rates have dropped in recent years, and RFEs are often issued when arguments lack depth or are not backed by concrete evidence.

Why are RFEs issued?

Common triggers include:

Lack of clarity in the proposed endeavor
Insufficient explanation of national importance
Weak demonstration that the applicant is well positioned
Absence of detailed, relevant evidence showing the U.S. would benefit from waiving the job offer requirement
Inconsistencies or gaps across submitted documents

Can RFEs be prevented?

Not always, but strong preparation reduces the risk significantly.

✅ Well-structured business plans, tailored personal and endeavor statements, and persuasive letters of support that anticipate USCIS concerns make a real difference.

✅ Being proactive and aligning the entire petition to the Matter of Dhanasar framework is key.

How can we help you respond to an RFE?

At DAL Global Partners, we assist with the preparation of key documents that can help strengthen your response:

✔ Updated or revised Business Plans

✔ Refined Personal Statements

✔ Clear and concise Endeavor Statements

✔ Targeted Testimonial and Expert Opinion Letters

✔ Letters of Interest from U.S.-based entities

✔ Supporting documentation with data, strategy, and impact evidence

📌 Note: Every petition and RFE is different. We evaluate the specific content of the request and determine which documents are appropriate and how to structure them to satisfy USCIS’s concerns.

🧩 Bottom line:

An RFE is not a denial, and it remains a critical turning point. What changed is that it is no longer guaranteed to arrive. Prepare your petition as if USCIS will question every claim, and as if there may be no second opportunity to supplement the record, because both are now realistic.

📌 This post is for informational purposes only and does not constitute legal advice.