If I am abroad, can my U.S. representative respond to the RFE on my behalf?

Yes, absolutely. Being outside the United States does not prevent a RFE (Request for Evidence) for your EB-2 NIW petition from being answered by a legal representative in the U.S. The USCIS allows the petitioner to designate a qualified attorney or representative to act on their behalf, including responding to requests for additional evidence.

The key point is to formalize that representation. The designation must be made through an official instrument that documents the authorization, so that the representative can validly receive and respond to USCIS requests.

Keep in mind that the responsibility remains yours:

• The information submitted must be accurate and truthful, even when prepared by a third party.
• Your consent and accountability for the content remain in place.
• The representative must be familiar with the specific requirements of the EB-2 NIW.

Since compliance standards are strict, choose a well-informed immigration professional and confirm every step with official sources before responding to the RFE.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.