How to respond to an RFE that questions the organization of your EB-2 NIW petition?

A Request for Evidence (RFE) is not a denial: it is a request from USCIS for you to supplement or clarify your case. When it questions the organization of the petition file in an EB-2 NIW, the right approach is to resubmit the material in a clearer and more navigable format.

A solid response typically includes:

• Reading the RFE carefully and identifying exactly which points need clarification.
• Creating a table of contents and labeling each document with a short description of what it proves.
• Explaining, for each exhibit, how it supports the requirements of the petition.
• Organizing the response in sections that address, one by one, each point raised.

Include certified translations when documents are in another language, to avoid ambiguity. Clarity and order make the officer’s review easier. Since every case is unique, it is worth checking the updated guidance from USCIS or working with a specialist when preparing your response.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.