What are the main factors that USCIS analyzes in responding to an RFE about costs?

When USCIS issues an RFE (Request for Evidence) related to costs in the context of an EB-2 NIW petition, it is crucial to understand that it seeks to examine whether the financial estimates and projections presented are realistic, carefully substantiated, and aligned with the scope of the proposed project.

In other words, the agency analyzes whether the reported costs truly reflect the investment necessary for the implementation and maintenance of the enterprise that is claimed to benefit the national interest. One of the main factors analyzed is the clarity and consistency of the budget. This involves the detailed presentation of costs, with comparative bases and market research evidence, realistic budgets, and, if possible, quotes or expert analyses in the field.

USCIS expects to see demonstrations that the estimated amounts were calculated from reliable sources and reflect the industry’s reality, so as to avoid the numbers appearing arbitrary or inflated. Another important aspect is the justification of the proposed investments and the project’s financial viability. This means the petition must include robust information about the origin of the funds and how these resources will be strategically applied to achieve the project’s objectives.

The agency analyzes whether there is financial planning that ensures not only the initial implementation but also the long-term sustainability of the enterprise. Additionally, comparison with industry standards may be required, evidencing that the projected costs are in line with widely recognized practices in the candidate’s industry or field of work. This type of documentation helps substantiate the claim that the required investment is appropriate and consistent with what is standard in similar cases.

Finally, it is always important to emphasize that strictly following United States immigration laws is imperative. Seeking guidance from reputable experts and avoiding offers that seem miraculous or promises of guaranteed results is essential to ensure all stages of the process are conducted safely and in compliance with legal requirements. Every detail presented in the response to the RFE must be well-founded and supported by reliable documentation, reinforcing the commitment to transparency and the truthfulness of the information.

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.