What are the main mistakes that can lead to an RFE in EB-2 NIW?

An RFE (Request for Evidence) in the EB-2 NIW occurs when USCIS determines that the petition lacks sufficient proof or clarity. Knowing the most common mistakes helps you build a stronger case and avoid delays.

Among the missteps that most frequently trigger a request for additional evidence are:

• Incomplete or disorganized documentation, which makes the petition harder to review and leaves gaps.
• Weak evidence, without concretely demonstrating the impact and relevance of your work.
• Lack of connection to the national interest: presenting individual merits without explaining why they benefit the United States.
• Generic recommendation letters, with superficial praise rather than specific contributions.
• Unclear argumentation, overly technical or poorly structured, which hinders the evaluation.

In practice, most of these mistakes come down to failing to tell a clear and well-documented story about the value of your work. Carefully reviewing your materials with attention to detail significantly reduces the risk of an RFE.

Since requirements can change, check the latest guidance at the official source (USCIS) and consider having your petition reviewed by a qualified professional before filing.

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.