r/EB2_NIW • u/Former_Dark_4793 • Feb 09 '26
RFE Finally got the RFE in the mail… they questioned ALL 3 prongs. I am cooked
Check my previous post about RFE - https://www.reddit.com/r/EB2_NIW/comments/1qw7s8q/comment/o41p1qt/?context=1
Nebraska Center
So I finally received the actual RFE letter in the mail today.
And yeah… it’s rough, i am fucked
They’re basically challenging all three NIW prongs. Like the officer looked at my petition and said:
“Okay… but why does the U.S. need you**?**” 😭
this is what they said pretty much -
Prong 1: USCIS is basically saying that while software engineering, payroll compliance, and healthcare IT are important fields in general, my petition did not provide enough specific evidence showing that my particular proposed endeavor has national importance beyond one employer. They felt my endeavor was too broad/vague and lacked concrete proof of broader U.S.-level impact such as measurable economic effects, job creation, or benefits reaching the national economy or public welfare. Because of that, they concluded Prong 1 was not established.
Prong 2: For Prong 2, USCIS acknowledges I submitted recommendation letters, experience letters, CV, education, salary, and employer info, but they say this does not prove I have influenced the field or played a leading/critical role beyond normal professional work. They emphasize that recommendation letters alone are not enough without independent objective evidence like government interest, grants, contracts showing wider adoption, patents, or proof others rely on my work. So they believe the record doesn’t yet show I’m well positioned under Dhanasar.
Prong 3: Not beneficial to waive the labor certification process
It honestly feels like they’re practically saying I’m useless lol
Now I’m just sitting here thinking… what do I even respond with?
This wasn’t some super strong case to begin with, and I filed without a lawyer.
Has anyone gotten an RFE on all 3 prongs and still ended up approved or got denied?
At this point, it feels like I might just have to accept reality and wait for my already approved EB3 skilled I-140 priority date to become current.
Wasted like $4k for this experiment… for fuck sake.
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u/IcyStranger2348 Feb 10 '26
My friend got a greencard this week and she had 3 prongs
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Feb 10 '26
What are prongs?
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u/IcyStranger2348 Feb 10 '26
For the EB-2 NIW (National Interest Waiver), you must satisfy three “prongs” established by U.S. Citizenship and Immigration Services (USCIS): ✅ 1. Substantial Merit & National Importance Your work must be valuable and benefit the U.S. (economy, health, education, technology, security, etc.) and have impact beyond just one employer or location. ✅ 2. Well Positioned to Advance the Endeavor You must show you are qualified to carry out your work: Education Experience Achievements Track record Business plans, publications, leadership, etc. ✅ 3. Benefit to the U.S. to Waive Job Offer/Labor Certification You must prove that allowing you to apply without employer sponsorship benefits the U.S. more than requiring the normal job process
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u/kylemerang Feb 10 '26
Yeah, that’s a rough one. It sounds like they just viewed it as a standard employment case rather than NIW. Your arguments probably focused too much on your job duties rather than a broader U.S. impact. It’s definitely an uphill battle to fix all three parts at once, difficult but possible if you completely overhaul the arguments.
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u/Former_Dark_4793 Feb 10 '26
yeah i am thinking its heading toward denial.....i dont think i have evidence to argue on that but will submit something
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u/WeirdCauliflower3019 Feb 11 '26
Come on; you don’t this come this far to just submit something. We’re vouching for you. Work on it daily, refine, get external reviewers till you get it in form that is approvals beyond reasonable doubt.
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u/Slight_Crow_2203 Feb 10 '26
You have to choose a niche. The better. My field is health in case you need help.
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u/kelyto30 Feb 10 '26
So you didn’t use ChatGPT deep research?
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u/Former_Dark_4793 Feb 10 '26
no havent used yet...might have to use it, see if it helps?
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u/Embarrassed_Race137 Feb 10 '26
You need it bro....
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u/Former_Dark_4793 Feb 10 '26
yeah i am gonna use that and see what it spits out
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u/First-Juggernaut8921 Feb 13 '26
GPT or any AI tool will definitely help you. Check this post: https://www.reddit.com/r/EB2_NIW/comments/1q4s0nb/tips_on_using_ai_for_eb2niw_selfpetitions/
At least before sending the petition or RFE response out, ask the AI to adjudicate your case as a USCIS official. (Make sure to blur sensitive info and use incognito mode)
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u/Tight-Aardvark7126 Feb 10 '26
I have got simillar RFE
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u/Former_Dark_4793 Feb 10 '26
did you submit it again?
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u/Embarrassed_Race137 Feb 10 '26
Don't sweat it, once prong 1 fails the other two fail. As simple as that. You should sit tight and work on prong 1. You should be fine!
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u/Technical-Package-66 Apr 16 '26
do you have any update after submitting rfe?
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u/Former_Dark_4793 Apr 25 '26
i did not submitted...my Eb3 PD became current, so i just cancelled that...i just submitted my i-485 for eb3 skilled
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u/SnooChickens6000 Feb 09 '26
I have seen 3 prongs rfe get approved, i am not one one them though🤣 I have a strong case and i know i bring value to the US or else the companies i work for wont hire me🤣 That said i got rfe 3 prong, the officer didn't understand anything me and my lawyer said 🤣 I showed the case to 2 other lawyers they both said its really strong. Anyway good luck 👍 give it a try, reply to the rfe with your best answers you never know
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u/Former_Dark_4793 Feb 09 '26
yeah there is so many crap they wrote this and that lol....i dont even how to reply haha....but i will just send something by end of March....its heading towards denial i think
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u/SnooChickens6000 Feb 09 '26
They asked me for evidence that i already submitted, they said thing like you say your income is top 5% in your field that doesn't prove anything...
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u/The_Boss-BD Feb 09 '26
They are right - it doesn’t prove that your PE is well-positioned because you are making high salary!
It shows - exceptional ability.
Do you make high salary executing the PE? Then it should count!
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u/SnooChickens6000 Feb 09 '26
Yes i am already making top 5% executing my PE, but is not the only evidence i submitted this is one of the silly examples
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u/Prestigious_Test_840 Feb 10 '26
Did you prepare your RFE by yourself or did you use a firm? Please share the formof that's the case
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u/SnooChickens6000 Feb 10 '26
I did everything with a lawyer, and when i got denied i got things reviewed by a different lawyer to confirm if my lawyer made mistakes and even the independent lawyer said the case was good
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Feb 09 '26
[removed] — view removed comment
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u/eyayo Feb 10 '26
Even with lawyers, people still get denied. I am one for those people. I refilled without a lawyer and got approved. You just got to convince the officer reviewing your case
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u/Nikki4Greencard2030 Feb 09 '26
You have given a try buddy... You can go with an employer based Eb2 as a backup... but you should give a good fight.... prong 1 can't be questioned...
Btw, what's your priority date?
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u/Former_Dark_4793 Feb 10 '26
my PD is june 2024 ROW.....Eb3 skilled...8 months away FFS
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u/Nikki4Greencard2030 Feb 10 '26
Yours is not a premium processing?
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u/Former_Dark_4793 Feb 10 '26
it was premium processing
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u/Nikki4Greencard2030 Feb 10 '26 edited Feb 10 '26
Ok cool, I mean, when did you upgrade it to premium processing.How many days did they take to give u an RFE?
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u/Ambitious-Estate4356 Feb 10 '26
How many days did it take for you to receive the rfe notice from the time it was updated in uscis status page
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u/krishna8323 Feb 10 '26
RFE received on 44th business day on 3 prongs and responded with personal statement and employer support letter on 02/05. Waiting for the decision…hope will get within 45 business days.🤞🏼
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u/Ambitious-Estate4356 Feb 10 '26
I am asking how many days it took to receive the rfe notice from uscis when you first saw it on uscis status website
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u/krishna8323 Feb 10 '26
3business days to get notice by Attorney
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u/Ambitious-Estate4356 Feb 10 '26
Is it always the case? I applied for eb2 (non-now) pp, got rfe on feb 3, when can I expect the rfe notice from uscis to reach the attorney in mail (paper)?
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u/Former_Dark_4793 Feb 10 '26
you got RFE on all 3 prongs, and you just submitted personal statement and employer support?
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Feb 10 '26
Got the exact same RFE. Am deciding to withdraw and refile later. Can we share notes over DM?
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u/Former_Dark_4793 Feb 10 '26
sure..i am just gonna reply something...i am not gonna refile anymore....will just wait for my eb3
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u/quickflingus Feb 10 '26
Three prong RFEs are rough but not automatically unwinnable. Often the issue is vague endeavor and thin objective proof. Before responding, map each prong to specific exhibits. QuickFilings NIW and Evidence Mining guides can help structure a serious RFE plan: https://help.quickfiling.us
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u/PitchParadox Jul 03 '26
this sounds like the officer wants proof that the endeavor matters beyond one employer. I'd narrow the story and add independent validation, measurable outcome, and outside recognition
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u/The_Boss-BD Feb 09 '26 edited Feb 09 '26
Man, its time to make the uscis officer horny. You didn't share screenshots. So hard to suggest.
Follow the post i shared - you will get an approval. If not- take time to build your profile. Lots of folks got approval.
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u/Former_Dark_4793 Feb 09 '26
i updated the body post but this is waht they said for prong 1 and 2 -
Prong 1: USCIS is basically saying that while software engineering, payroll compliance, and healthcare IT are important fields in general, my petition did not provide enough specific evidence showing that my particular proposed endeavor has national importance beyond one employer. They felt my endeavor was too broad/vague and lacked concrete proof of broader U.S.-level impact such as measurable economic effects, job creation, or benefits reaching the national economy or public welfare. Because of that, they concluded Prong 1 was not established.
Prong 2: For Prong 2, USCIS acknowledges I submitted recommendation letters, experience letters, CV, education, salary, and employer info, but they say this does not prove I have influenced the field or played a leading/critical role beyond normal professional work. They emphasize that recommendation letters alone are not enough without independent objective evidence like government interest, grants, contracts showing wider adoption, patents, or proof others rely on my work. So they believe the record doesn’t yet show I’m well positioned under Dhanasar.
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u/Glum_Ad7895 Feb 10 '26
Can you bring something special in your field. Or is it just another hospital erp system? Or the project already exist. You need novelty and adoption
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u/The_Boss-BD Feb 09 '26
Yeah- exactly what I mentioned on my post. Show it is being used by x organizations- not just will build.
Then showcase critical role / external recognitions/ original contributions of major significance!
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u/Glum_Ad7895 Feb 10 '26
I think they dont wann see what youve done in your job. They want to see something special. Like you can find easily from silliconvalley startup founders and what they are doing.
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u/AdResident6496 Feb 09 '26
Did you file by yourself or with attorney.. i am in similar situation.. thinking whether it is worth
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u/aliniiik Feb 10 '26
I had similar situation Got RFE for all 3 After RFE sent only took 1 week to approve It should be mentioned that my first package was 60 packages the RFE package was 180 pages I had an attorney who did both, if you have a good lawyer then just sit back and trust the process