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 👇

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?

Yes. As USCIS has increased scrutiny in NIW adjudications, RFEs have become increasingly frequent, even in cases that appear solid.

📉 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:

RFEs are not denials, but they are a critical turning point. The more complete and targeted your response, the better your chances of approval. The best strategy? Prepare your petition as if USCIS will question every claim, because often, they do.

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