The number of RFEs in the EB2 NIW green card category has increased over the past months, consistent with the also historically high denial rates we are seeing. Just think that the overwhelming majority of denials are preceded by an RFE. But…is an RFE the end of your case? Not necessarily! While USCIS does not release statistics on RFE outcomes, we know from our experience that many applicants are able to overcome it.
Quick note: We focus on DIY petitioners, not on petitioners that used a lawyer to file their case. However, what we discuss here can help all types of applicants. We are Oscar’s Green Card, and we create free and paid resources to learn how to craft EB-2 NIW and EB-1A petitions to USCIS. More info on us at the end of this article!
The Request for Evidence: most common targets
An RFE can be issued at any point of an immigration process. This is USCIS telling us “we are not convinced about your claims, we need more information”. Here, we will be focusing on the I-140 step of EB-2 NIW. In this specific type of RFE, the officer may request more evidence for different aspects of the petition:
Advanced Degree: Education/experience credentials. The most common mistakes here are not providing copies of both transcripts and diplomas for the highest degree; not providing a credential evaluation report from a reputable agency; or not substantiating 5+ years of post-graduation experience for those applicants whose highest degree is a Bachelor.
Prong 1: Substantial Merit and National Importance. Prong 1 is the most common subject of an RFE in National Interest Waiver cases. Out of these two components, the RFE we see more often are centered around National Importance. Here, the officer is probably not convinced on the specific impacts that the specific proposed endeavor will have on the United States society, economy, cultural or welfare development.
Prong 2: Well positioned. Although not as common as Prong 1 RFEs, many Request for Evidence ask the petitioner to provide more proof of credentials. Here the officer may be signaling that they do not understand the impact the applicant’s work has had.
Prong 3: On balance. This prong can be interpreted as a culmination of the petition, a final argument to the officer arguing why a waiver for the job offer is recommended in this case. Prong 3 is generally always affected by an RFE is Prong 1 or Prong 2 are. We don’t see RFEs challenging this prong alone very often at all.
Crafting a compelling response
The Request for Evidence gives the petitioner one last chance to provide arguments and evidence to the USCIS officer. If successful, the petitioner can get the desired I-140 approval. This is why it is important to follow the steps:
Read the RFE letter very carefully. Yes, we know that an RFE can easily span many pages (often more than ten!). But it is really important to understand exactly what the USCIS officer is looking for. RFEs contain a great amount of copy/paste text, citing precedents and regulations. However, they also contain information specific to our case, and those are the lines we should pay more attention to.
Pay special attention to the deadline given by the USCIS officer. This will really be the biggest constraint in terms of your strategy to respond to USCIS. Never miss this deadline, if possible plan to mail your RFE response several days in advance so it gets to USCIS on time!
Outline what aspects of the original petition are challenged. Start with the easy part: identify if Advanced Degree was challenged, and move to each of the three prongs of the Matter of Dhanasar discussed above. For Prong 1 specifically, understand if both substantial merit and national importance were affected; or only the latter was. Depending on the severity of the case, the writing strategy will vary.
Identify if additional evidence can be gathered. The RFE response will combine new arguments, but it is highly desirable to also attach new evidence to persuade the officer. The most common exhibits submitted together an RFE response are updated (or new) detailed professional or business plans, and updated or new expert opinions or recommendation letters. Letters are a very nice way of explaining the officer the importance of past achievements, or analysis of the future impact of the endeavor. But plans and letters are not the only evidence to think about, the possibilities are really endless: one can submit new evidence for all the affected topics. Keep in mind the evidence should exist before the priority date!
Start writing your RFE response. An RFE response letter will look similar to the original I-140 petition letter. It is the guide for the USCIS officer to absorb the arguments we have countering their concerns, with clear references to exhibits (new or already submitted in the original petition).
Again: mail your RFE response way ahead of the deadline! You never know what external factors can delay your submission – don’t risk your whole process!
Do you need a lawyer to answer your RFE?
In short: no. While for some applicants using a lawyer may be a very valid choice, others can file their own response and get it approved. If you are good at writing and are willing to put in the time to learn the right strategies, there are resources out there to help you learn the process. This can save you thousands of dollars in attorney fees.
Our solution: An on-demand course for DIY petitioners
For example, we have put together an online course for Do-It-Yourself petitioners so they can quickly get up to speed and know how to craft a compelling response:
9 modules with 25+ video lessons
“Response to RFE” template
Sample professional plan
Sample original petition, for reference
10 examples of proposed endeavor statements in various fields (cybersecurity, architecture, software, mental health, research…).
Sample texts for how to write parts of the response, such as Prong 1 or 2.
Sample of letters of intent for entrepreneurial endeavors.
This course is offered in English, Spanish, and Portuguese and with subtitles in Chinese and Russian. The current cost of the course is $239 and can be accessed during 3 months (more than the maximum time allowed for an RFE response, so you are covered!).
Check out the RFE course here
Testimonials from RFE course members
We already have customers that were able to craft their own petitions and get approved by USCIS, here are three examples:
Sara: Approved in oil and gas – you can read her own Reddit post about her story
“Initially, I had the misconception that Oscar mainly focused on research-based profiles since he himself is a scientist, and because his own approval came a long time ago, I assumed he might not be aware of current trends. I could not have been more wrong—and unfortunately, that wrong assumption led me to receive an RFE on all three prongs. Feeling completely lost about how to respond, I decided to purchase Oscar’s RFE course. It turned out to be exactly what I needed.”
Arturo: Approved in Telecommunications
“Taking Oscar’s EB-2 NIW course was one of the best decisions I made during my immigration process. The course explained each step clearly, provided practical strategies for structuring my RFE response, and gave me the confidence to move forward. What I valued most was how the material combined technical precision with easy-to-follow examples, making a very complex process manageable. Thanks to this course, I was able to strengthen my petition, respond effectively to the RFE, and ultimately secure my EB-2 NIW I-140 approval. I highly recommend this course to anyone serious about achieving success with their EB-2 NIW application.”
Elijah: Approved as a researcher
“The course offered immense value. Oscar has taught a wholesome systematic approach towards crafting the winner RFE response with concrete examples of write-ups. I especially appreciated his guidance towards understanding the RFE structure, all the Do’s and what’s more important – the Dont’s. The course offered a wide variety of external links and resources very helpful in crafting a proficient RFE response. Thoughtful touches to the content package like AI assistant and special price offers to the business partner services further primed the unique scope of this course. I was able to digest everything in under 2 weeks and write a killer response to obtain my approval, and think this course is must-have for someone struggling with the RFE stage of their petitioning.”
Who are we? About Oscar’s Green Card
Oscar’s Green Card is the brand name of Oscar Pardo Consulting, a company created to provide resources for Do-It-Yourself petitioners for merit-based green cards, such as EB-2 NIW and EB-1A.
Our mission: To deliver high quality resources for DIY petitioners of US employment green card.
Our vision: We empower individuals who want to take their immigration future into their own hands.
About Oscar Pardo, the founder: My name is Oscar and I am a biotech scientist. I created Oscar’s Green Card initially based on my own DIY experience in the green card space. My YouTube channel grew to thousands of subscribers and the videos have been watched over 2 million times.
I also created websites where we deliver high quality products to teach prospective immigrants the application process in EB-1A and EB-2 NIW. This way, they are free to proceed without a lawyer if they choose to do so.
In the recent years, Marina Martinez has joined the team and also appears frequently in our more recent YouTube channel in Spanish. It’s great to have her onboard!
Disclaimer
We are not a legal firm, we are not immigration lawyers. We do not provide individualized advice and this course is only for DIY petitioners to learn how to craft their own petition.