What are the main factors USCIS considers when reviewing an RFE in an EB-2 NIW case?

When USCIS issues an RFE (Request for Evidence) in an EB-2 NIW case, it is asking for additional evidence to confirm that the petition supports the core elements of the national interest waiver. The analysis typically centers on demonstrating the merit and relevance of your work — not any single document in isolation.

In practice, the agency evaluates a combination of qualitative dimensions:

• Merit and national importance of the work or research — that is, its value and reach beyond the interest of a single employer.
• The petitioner’s positioning to advance the proposed endeavor, evidenced by education, track record, achievements, and recognition in the field.
• The benefit of waiving the job offer and labor certification requirements, demonstrating why it serves U.S. interests to proceed through this pathway.

A strong response therefore typically brings together consistent, mutually reinforcing evidence — such as detailed recommendation letters, documentation of the work’s impact, and material that contextualizes the relevance of the field. The goal is to address each specific doubt raised in the RFE, point by point.

Because each case is assessed individually and requirements may change, it is worth confirming current requirements through the official source (USCIS) and considering the support of a trusted professional before filing 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.