Respond to an EB2 NIW Request For Evidence (RFE)
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Need help with your EB2 NIW RFE? How we can help
Free EB2 NIW RFE Analysis
We identify exactly what USCIS is questioning in your RFE, explain where to respond, share practical tips and FAQs, outline the common documents used to address each Dhanasar prong, and flag risks based on the issues raised.
Send us an email with your RFE, along with a summary of your case and a list of the documents you submitted.
Response Time: 1 - 3 Business Days
Deep Analysis: EB2 NIW RFE
A detailed breakdown of every point questioned, with tailored recommendations on specific documents to rebut each argument, plus a list of relevant precedents you could cite in your response.
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USD 90.-
*This amount can be credited toward any subsequent service you retain with us.
Full Response: EB2 NIW RFE
End-to-end drafting of a response for submission to USCIS, including case-specific documentation tailored to your situation. The response package typically includes a written brief of 15 to 30 pages, plus additional supporting documents (such as a business plan, endeavor statement, or national importance statement).
Let’s start talking! Send us an email.
Starting at USD 2,900.- Tailored to each case.
*Includes two revisions at no additional cost and a complete response if a new RFE is issued.
What to Expect from DAL in a Full EB2 NIW RFE Response
1) Document Submission: You send us your complete case documentation for review.
2) Quote: DAL provides a detailed quote within the same day or up to two business days, along with the engagement contract and payment instructions.
3) Confirmation, Payment & Questions: You confirm the engagement, complete the payment, or clarify any remaining questions.
4) Kick-Off Call (Optional): A brief call can be scheduled upon request to align on priorities and timelines.
5) Work Period: We prepare your full response within the RFE deadline, keeping you updated on progress, drafts, and review points.
6) Delivery: You receive the complete response package, including a step-by-step filing guide.
7) Client Review: You review the materials and request adjustments if needed.
8) Post-Submission Support: We remain available for follow-up questions and additional assistance after submission.
EB2 NIW RFE: Frequently Asked Questions
1) What is an EB2 NIW RFE from USCIS?
A Request for Evidence is a USCIS notice asking for more proof before deciding your EB2 NIW I-140. It explains what is missing, why it matters, and the deadline to respond with additional documentation.
2) Why did I receive an EB2 NIW RFE?
Common triggers include weak national importance support for Prong 1, limited proof that you are well positioned for Prong 2, a thin or generic Prong 3 balance argument, unclear proposed endeavor, inconsistent documents, or missing objective evidence like citations, contracts, pilots, or third-party validation.
3) What is the EB2 NIW RFE deadline and can I get an extension?
The due date is printed on your RFE. USCIS rarely grants extensions. If you miss the deadline, USCIS may deny the petition or treat it as abandoned, so plan backward from the due date.
4) Does premium processing help with an EB2 NIW RFE timeline?
Premium processing sets a 45 business day adjudication clock for the I-140 stage. If USCIS issues an RFE, the clock stops and restarts when USCIS receives a complete response.
5) What should I include in an EB2 NIW RFE response package?
A clear cover letter that maps each RFE point to evidence, a labeled exhibit index, and organized proof tied to the Dhanasar prongs. Strong sets often include a national importance statement, business or professional plan, data and citations, letters of interest, contracts or MOUs, publications and citations, patents, pilot or deployment results, funding or grants, and updated achievements.
6) Can I add new evidence that was not in my original EB2 NIW filing?
Yes. An RFE is your opportunity to submit new, targeted evidence. Include updated results, recent publications or citations, new contracts or pilots, refined plans, and stronger third-party validation.
7) Can I modify my proposed endeavor in an EB2 NIW RFE response?
You can clarify and refine scope, methods, timelines, or target users. Avoid a complete pivot to a different endeavor. Material changes can undermine eligibility and create inconsistencies.
8) Do I need letters of recommendation for an EB2 NIW RFE response?
An EB2 NIW can be approved even without submitting letters of recommendation, and submitting them does not guarantee approval either. What matters is selecting adequate and sufficient documentation to satisfy the three-prong test from Matter of Dhanasar.
9) Do non-English documents need translation for USCIS in an EB2 NIW RFE?
Yes. Provide full English translations. Keep formatting clean, paginate exhibits, and label files so each RFE point maps to the correct evidence.
10) Does getting an RFE mean my EB2 NIW will be denied?
No. An RFE simply means USCIS needs more information. Many cases are approved after a focused, well-organized response that directly addresses each issue with objective evidence.
11) What happens after I submit my EB2 NIW RFE response and how long until a decision?
USCIS reviews the packet and restarts the adjudication clock if premium processing is in place. Timelines vary. You will receive an approval, denial, or a Notice of Intent to Deny.
12) Is the same USCIS officer who issued the RFE the one who reviews the response?
In most cases, yes. The same adjudications officer who issued the RFE reviews your response and makes the decision. USCIS can reassign cases for workload reasons, but typically the original officer continues the review.
13) What is the difference between an EB2 NIW RFE and a NOID?
An RFE asks for additional evidence before USCIS decides your I-140. A NOID states that USCIS intends to deny the petition unless you overcome specific deficiencies. An RFE invites you to complete the record, while a NOID requires a detailed rebuttal.
14) Can there be more than one RFE in an EB2 NIW case?
Yes. USCIS can issue a second RFE or, after an RFE, a NOID if concerns remain. The best way to avoid successive RFEs is to provide a complete, well-organized response tied to the Dhanasar prongs.
15) Where do I send my EB2 NIW RFE response?
Follow the "Where to Respond" instructions on the RFE notice. Send the packet to the listed address, include the original RFE with barcode, a cover letter, an exhibit index, and use tracked shipping. If premium processing applies, check for any special address included in the notice.