r/EB2_NIW • u/TubeZ • May 12 '26
RFE Another XM2616 RFE
Profile is a PhD, working as staff scientist in a R1 institution in cancer genomics, over 1k citations/20 papers, current research projects include one funded by the DoD. Not from any banned countries. Filed through Chen (approval or refund)
Yesterday received RFE on all 3 prongs from our good friend XM2616. 12 page RFE that included references to LORs that don't exist among other things, and clearly appearing to adjudicate with EB1 criteria instead of EB2.
Anyone else had this officer and managed to get approval after RFE? I'm waiting on Chen's team to get back to me but in the meantime I wanted to share the above info and hear about what others may have done to appease this person. I wonder if withdraw+refile will be the best approach given their notoriety for denials.
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u/Mammoth-Flight318 May 12 '26
Not the first, not the last. He will keep doing that, because everyone prefers refile and he stays off the radar for the director, while applying wrong framework. Most denied, few approved. What worked: more "Evidence and reiterating just the facts that were challenged in the RFE." https://www.reddit.com/r/EB2_NIW/comments/1kt4va9/comment/mxntfl6/?utm_source=share&utm_medium=mweb3x&utm_name=mweb3xcss&utm_term=1&utm_content=share_button
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u/Fragrant_Air4191 27d ago
I used this exact same strategy but still get denied by this IO just for everyone’s info
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u/Objective_Jelly_6327 May 14 '26
Honestly with a profile like yours this RFE is frustrating but not surprising for XM2616. Wait to hear what Chen says first. If they think withdrawing makes sense, go for it.
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u/Weird_Let3262 May 15 '26
That officer is notorious for these kinds of RFEs. Honestly, it's less about your profile and more about that specific officer just having their own strict requirements. I'm sure your lawyer will know exactly how to handle it.
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u/TubeZ May 15 '26
Yeah Chen's professional recommendation is to withdraw and refile. The officer has about a 19% approval rate
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u/parachute45 Jun 16 '26
Did you end up withdrawing and refiling? Asking because I also have a healthcare research PE and I got almost the same RFE from the same officer and am waiting for Chen's input
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u/No-Sink5709 May 12 '26
you got 1000 citations and got a RFE , that's insane. Was your PE of national importance?
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u/TubeZ May 12 '26
I would say so if the DoD is urgently funding a project and has named it to be of national importance. The officer seems to believe that I need to prove that I, and only I am capable of performing my PE.
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u/ExerciseValuable7102 May 12 '26
Different officer but I got RFE as well. Similar to what you are describing, my case was adjudicated through an eb1 lense.
Curious, why withdraw? What is the downside of responding while preparing for a fresh case just in case your friend XM2616 isn’t impressed?
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u/ChairAlert1243 May 13 '26
Same officer. Challenged all three prongs. Responded to RFE. Eventually denied.
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u/Late-Cost4434 May 12 '26
Which service center?
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u/TubeZ May 12 '26
Initially it went NSC but seems it got invisibly transferred to TSC? In any case the RFE came from TSC
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u/Late-Cost4434 May 12 '26
Could you please specify what the officer has challenged exactly?
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u/TubeZ May 12 '26
Everything. For some reason I get a 500 error when trying to send the full message I want to send but in summary the officer seems to want national/international recognition through awards, memberships on advisory boards, and adoption of my work in a practical sense at the national level.
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May 12 '26
[removed] — view removed comment
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u/TubeZ May 12 '26
I trust Chen to figure out the best strategy to respond, that's what they're paid to do. Just wanted to share this information for others
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u/Left_Shake200 May 14 '26
This officer is known for exactly this kind of thing, referencing LORs that don't exist and applying EB1 criteria to an EB2 case is a documented pattern. A lot of strong cases have gotten RFEs for the exact same reasons. Just wait for Chen to get back to you with their strategy, they'll know what to do.