What are the main factors that USCIS considers when analyzing an EB-2 NIW case related to an RFE?

The EB-2 NIW visa (National Interest Waiver) is an option for professionals with advanced skills or individuals with advanced degrees who wish to waive the job offer requirement and labor certification because their work brings significant benefit to the United States. In some cases, USCIS (United States Citizenship and Immigration Services) may issue an RFE (Request for Evidence), requesting additional information or documents. Understanding the main factors analyzed in this context can help prepare a more robust response.

One of the central factors is the demonstration of substantial merit and national importance of the candidate’s proposal. This means that the documentation must show that the beneficiary’s work or research is relevant to strategic areas such as the economy, health, education, or security. USCIS seeks to understand in detail how the professional effort positively impacts American society, as well as to analyze evidence such as relevant publications, awards, expert citations, and funding for innovative projects.

Another important aspect is proving that the candidate has an exceptional record and qualifications. This may involve advanced degrees, significant work experience, and recommendations from experts recognized in the field. These documents help reinforce that the person not only has technical capacity but that their work translates into tangible benefits for the country.

It is also essential to demonstrate that the benefits derived from the candidate’s work outweigh the conventional procedure that requires a job offer and labor certification. Here, the quality of testimonies, reference letters from authorities in the area, and other evidence of direct impact in the field serve as key pieces to build a solid and convincing narrative.

It is important to highlight the significance of strictly following United States immigration laws and the prudence in obtaining information. It is always advisable to seek guidance through official sources and, if choosing to use consultancy services, look for specialized and trustworthy companies or professionals, avoiding scams or unrealistic promises advertised in marketing campaigns.

In summary, USCIS review in EB-2 NIW cases related to RFE mainly focuses on:
1. The relevance and national importance of the professional proposal.
2. The candidate’s exceptional qualifications and experiences.
3. Robust documentary evidence proving that the work has significant benefits for the U.S.

Preparing a detailed and well-founded response is an essential step to answer the RFE, ensuring that all requirements are met and that each piece of evidence is properly presented consistently with USCIS norms and expectations.

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.