I Got a Request for Evidence (RFE). Here’s How to Respond

Introduction

This blog is dedicated to guiding individuals through the process of self-petitioning for a US green card via the merit-based employment-based second preference National Interest Waiver category (EB2 NIW). Today, we discuss the sensitive topic of Request for Evidence (RFE).

What is a Request for Evidence (RFE)?

USCIS issues an RFE when they believe they don’t possess enough information to make a decision on your case. Receiving an RFE doesn’t mean your application is denied. It’s an opportunity to provide the information required to get approved.

Initial Steps Upon Receiving an RFE

1. Don’t panic. Understand that an RFE is not a rejection.
2. Carefully read the entire notice. USCIS will detail what they require from you.
3. Note the deadline for response. Ensure your reply reaches them by this date.
4. Do not discard the RFE notice. When replying, place the original USCIS notice on top of your response.
5. Get a certified translation if any supplied document isn’t in English.
6. Ensure you send your response to the specified return address.

Constructing a Polite and Detailed Response

When replying to an RFE, approach it with politeness. Apologize for any oversight and express gratitude for the chance to clarify. Address all the concerns raised by USCIS meticulously.

EB2 NIW Requirements

1. Advanced Degree: Show evidence of your advanced degree. If it’s a foreign degree, ensure it’s equivalent to a U.S. degree and attach proof of relevant work experience.
2. National Interest Waiver (NIW): Propose something that the U.S. needs, showing its national importance and merit. It should be relevant across multiple states. For instance, researching diabetes in the U.S. can be an endeavor of national importance.
3. Evidence for Merit and National Importance: Gather articles, statistics, and other documents that support the significance of your proposal.
4. Showcasing Your Position: Present evidence of your expertise, training, skills, and accomplishments in your field.

Common Mistakes and Tips

If proposing a business, have a track record of success. Don’t suggest something you cannot realistically achieve. And remember, always adhere to the RFE’s deadline and include translations for non-English documents.

Conclusion

If you’ve received an RFE or know someone who has, sharing experiences can be valuable. The process might seem daunting, but with careful attention and a well-constructed response, the path to approval is clear. Good luck!