How to respond to an RFE questioning the need for additional investments?

It is important to clarify from the outset that the EB-2 NIW does not require a minimum investment amount, unlike other processes, and that the focus of this category is to demonstrate that the project or area of expertise has relevance to the United States’ national interest.

However, in some cases, the United States Citizenship and Immigration Services (USCIS) may request additional clarifications involving the analysis of investments to ensure that the presented initiative generates sufficient benefits to the country. When responding to an RFE that questions the need for additional investments, it is fundamental to carefully analyze the reason for the request.

First, review the documentation already submitted and check for gaps or points that can be reinforced, such as the financial viability of the project, the social or economic impact, and the long-term sustainability of the initiative. Clearly and objectively explain how the current resources are already aligned with the execution of the project and how this meets the national interest, emphasizing that, according to the EB-2 NIW requirements, there is no formal requirement for additional financial contribution, but rather proof of the strategic value of the activity.

Next, present any additional documentation that evidences the solidity of your work plan or project, such as feasibility studies, business plans, letters of support from experts in the field, market research, or economic analyses. These elements can help demonstrate that the investments already made or planned are sufficient to achieve the proposed objectives and that additional investments are not necessary for the project’s viability and relevance.

Also remember the importance of being in full compliance with United States immigration laws. Always consult official sources and, if there are specific doubts, seek guidance from professionals or specialized companies – always being cautious of miracle promises or marketing campaigns that guarantee guaranteed results. This caution helps to avoid risks and to keep your process transparent and in accordance with current regulations.

Finally, respond in a personalized way to the RFE, mentioning the points raised, attaching the newly requested documentation, and explaining in an organized and well-founded manner the financial and strategic situation of your project. In this way, you demonstrate not only compliance with the EB-2 NIW requirements but also the solidity and relevance of the work you intend to develop in the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.