This page supports applicants who have received an RFE or denial on an EB-2 NIW petition. Read your notice carefully, note the deadline, and act early: the quality of your response matters more than its length.
Key takeaways
- An RFE is not a denial; it is a request for specific evidence.
- You typically have 87 days to respond. Check your notice.
- Most NIW RFEs target the proposed endeavor and the Dhanasar prongs.
- After a denial: motion, appeal or refile, each suited to different situations.
How do I read an NIW RFE?
Identify every issue the officer raises, the evidence they say is missing, and the deadline. Each issue needs its own targeted answer.
- Find the response deadline and mark it
- List every issue and the prong it relates to
- Note the evidence types the officer suggests
- Compare each issue with what you originally submitted
- Decide what new evidence and argument will answer it
What are the most common RFE issues by prong?
NIW RFEs usually question whether the endeavor is specific and nationally important, whether you are well positioned to carry it out, or why the job offer should be waived.
| Prong | Typical officer concern | How to respond |
|---|---|---|
| Proposed endeavor | Too vague, or described as a job | Redefine it specifically, with consistent evidence |
| Prong 1: national importance | Impact limited to one employer or region | U.S. reports, data and stakeholder letters showing broad impact |
| Prong 2: well positioned | Not enough proof of progress or plans | Results, plans, funding, contracts, U.S. interest letters |
| Prong 3: balance | Why waive PERM is unclear | Urgency, self-employment, impracticality of labor certification |
| EB-2 basis | Degree equivalency or experience not proven | Updated evaluation, detailed experience letters |
Upload your notice for a free issue-by-issue review, and a clear plan before your deadline.
Motion, appeal or refile: which is right?
Refile when new evidence can fix the problem. File a motion or appeal when USCIS made a legal or factual error you can show from the existing record.
| Option | Best when | Key point |
|---|---|---|
| Motion to reopen | You have new facts or evidence | Filed on Form I-290B with the office that decided |
| Motion to reconsider | USCIS misapplied the law or policy | Based on the existing record |
| Appeal to the AAO | You believe the decision was legally wrong | Filed on Form I-290B; reviewed by the AAO |
| New I-140 petition | New evidence can fix the weaknesses | Often fastest; new priority date |
Deadlines for motions and appeals are short, generally 30 days from the decision (33 if mailed). Check your notice and act immediately.
What do you need from me?
Your RFE or denial notice, your original petition and exhibits, and any new evidence or contacts who could write letters.
- The full RFE or denial notice
- Your original petition and exhibits
- Your updated CV
- New achievements since filing
- Potential new recommenders
- Any USCIS correspondence
[Include partner-attorney sentence here if applicable.]
Official sources
- USCIS: Form I-290B, Notice of Appeal or Motion
- USCIS Policy Manual, Volume 6, Part F, Chapter 5
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
- USCIS Policy Manual, Volume 1, Part E, Chapter 6: Evidence
Phoenix Immigration Consulting Services LLC is an immigration consulting firm, not a law firm, and does not provide legal advice. Information on this page is general and may change; always confirm current rules on uscis.gov and travel.state.gov. Filing a petition or application does not guarantee approval.
