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5 Common Reasons for RFEs on EB-2 NIW Applications (Request for Evidence)


If you’re applying for a green card under the EB-2 NIW (Employment Based Second Preference National Interest Waiver) category, you might receive a written notice called RFE (Request for Evidence) from USCIS asking for missing initial or additional evidence. In this blog post, we’ll share five common reasons why people receive RFEs on their EB-2 NIW applications and how to avoid them.

What is an RFE?

An RFE is not a denial; it’s a written notice from USCIS telling you that they need more evidence to approve your EB-2 NIW application. The good news is that USCIS is very specific about these letters; they tell you exactly what they want, what eligibility requirements were not met, and what specific component is missing. This gives you a chance to address the requirement directly and submit additional documentation that USCIS can analyze to approve your case.

Common Reasons for RFEs

Here are the five common reasons why people receive RFEs on their EB-2 NIW applications:

1. Inappropriate Evidence for National Interest Waiver

To qualify for EB-2 NIW, you need to have an advanced degree, show exceptional ability, and fulfill the criteria for the national interest waiver. If you don’t submit appropriate evidence to support the requirements for the national interest waiver, such as showing that your proposal to work in the United States is national in scope and has substantial merit, you might receive an RFE.

2. Missing Documents

USCIS might issue an RFE if you forget to submit the required documents or miss any initial evidence needed to approve your EB-2 NIW application. It’s important to double-check your application before submitting it and ensure you have all the required documentation.

3. Incomplete Forms

If you fill out forms incorrectly or leave sections blank, USCIS might issue an RFE asking you to complete or correct the forms. Be sure to fill out all the required fields and double-check for accuracy before submitting your EB-2 NIW application.

4. Inconsistencies

If there are any inconsistencies in your application, USCIS might issue an RFE to clarify or correct the inconsistencies. It’s important to ensure all information in your application is consistent and accurate.

5. Insufficient Information

If you don’t provide enough information to support your application, USCIS might issue an RFE asking for additional information. It’s important to provide as much detail as possible to support your case.


Receiving an RFE can be frustrating, but it’s not the end of the road. USCIS gives you a chance to address the requirements and submit additional documentation to support your case. By avoiding these common mistakes and providing complete and accurate information, you can increase your chances of receiving approval for your EB-2 NIW application.

Contact Us for EB-2 NIW Assistance

Reach out to our experienced team to learn how we can help guide you through the EB-2 NIW green card application process and achieve your goals. Our services are tailored to support your Employment-Based Second Preference National Interest Waiver (EB-2 NIW) application from start to finish.

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Initiate the journey by scheduling a consultation call with our experts today.

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