EB-2 National Interest Waiver (NIW) RFEs: Causes, Trends, and Effective Response Strategies in 2025

The EB-2 National Interest Waiver (NIW) is a compelling immigration option for advanced-degree professionals and individuals with exceptional ability whose work benefits the United States. It allows qualified applicants to self-petition for permanent residence without the need for a labor certification (PERM) or a permanent job offer. In recent years, however, practitioners have observed a significant increase in Requests for Evidence (RFEs) issued by U.S. Citizenship and Immigration Services (USCIS), reflecting heightened scrutiny of NIW filings.

An RFE does not signal a denial; instead, it indicates that additional clarification or documentation is required before a decision can be made. With a precise and thoroughly documented response, NIW approvals remain highly achievable. This article outlines the most common reasons for RFEs and provides strategies for strengthening responses under the Matter of Dhanasar framework.

The Matter of Dhanasar Standard

To qualify for a NIW, the petitioner must demonstrate, by a preponderance of the evidence, that:

1. The proposed endeavor has substantial merit and national importance.

2. The petitioner is well positioned to advance the proposed endeavor.
3. On balance, it would be beneficial to the United States to waive the job offer and PERM labor certification requirements.

USCIS issues RFEs when the adjudicator determines that the initial filing does not sufficiently support one or more of these three prongs.

Common Reasons for EB-2 NIW RFEs

1. Insufficient Evidence of National Importance

RFEs often request strengthened documentation that the proposed endeavor will meaningfully impact the United States at a national or regional level. USCIS may challenge assertions that are not supported by objective data, industry reports, policy alignment, or demonstrated public benefit. Petitioners must show the broader significance of their work beyond a single employer or limited geographic area.

2. Concerns About Whether the Petitioner Is Well Positioned

One of the most common challenges arises when USCIS is not persuaded of the petitioner’s ability to successfully advance the proposed endeavor in the United States. This may occur when there is a lack of evidence of:

Prior accomplishments directly tied to the described endeavor
Existing collaborations, funding, business traction, or stakeholder interest
A realistic and credible implementation strategy
Past achievements demonstrating execution capability

3. Ambiguity in Individual Achievements

USCIS frequently requests clarity regarding the petitioner’s personal contributions, particularly where projects are collaborative or team-based. Documentation must differentiate the petitioner’s accomplishments from those of colleagues and show direct, measurable field impact.

4. Generic or Insufficient Recommendation Letters

Recommendation letters remain essential, but USCIS increasingly rejects letters that:

Are overly general or repetitive
Lack first-hand knowledge of the petitioner’s work
Do not quantify results or describe field impact
Offer opinions without supporting context or evidence

RFEs often request more authoritative and independently validated letters.

5. Inadequate Business, Research, or Implementation Plan

Entrepreneurs, founders, and innovators often receive RFEs when business plans are:

Too speculative or lacking financial detail
Missing evidence of commercial or community need
Lacking job creation, compliance, or growth projections
Not tied to measurable national priorities or outcomes

Strong NIW business plans incorporate market analysis, tangible milestones, and operational evidence showing that the project is already in motion.

Effective Strategies for Responding to EB-2 NIW RFEs

A well-structured RFE response should:

Directly address each issue raised by USCIS in a clear and organized format
Strengthen legal arguments with citations to Matter of Dhanasar and relevant policy guidance
Provide new supporting evidence that demonstrates national impact, professional positioning, and U.S. benefit
Include a clearly labeled exhibit index and cross-referenced documentation
Replace any speculative claims with independently verifiable data

Examples of useful supporting evidence include:

Updated expert testimonial letters with quantified achievements
Third-party recognition such as media coverage, awards, or citations
Commercial adoption, licensing, grant funding, or pilot project records
Detailed market and policy analysis aligning with U.S. priorities
Employment, business, or research milestones completed since filing

The goal is to present a cohesive factual record that leaves no reasonable uncertainty regarding the petitioner’s significance and future contributions within the United States.

Conclusion

While EB-2 NIW RFEs have become more prevalent, they remain manageable with a well-planned legal response. RFEs allow petitioners the opportunity to further substantiate their eligibility and address adjudicatory concerns head-on. With appropriate strategy, organization, and evidence presentation, NIW approvals are routinely achieved.

At Unilaw Global Services LLC, we assist with the preparation, drafting, and organization of immigration documentation and evidentiary records for employment-based petitions, including EB-2 National Interest Waiver (NIW) filings and RFE responses. Our team ensures that each supporting document, legal argument, and exhibit is structured clearly, professionally presented, and fully aligned with current USCIS adjudicatory standards

For assistance with document preparation, petition organization, or responding to an EB-2 NIW RFE, please contact Unilaw Global Services LLC to learn more about our comprehensive documentation support services.

Disclaimer: This article provides general information and does not constitute legal advice. Immigration laws and USCIS policy are subject to change. For case-specific guidance or representation, please consult a qualified U.S. immigration attorney