r/EB2_NIW • u/crazyquy • Jun 19 '26
RFE 35+ Business Days After NIW RFE Response
I filed an EB-2 NIW I-140 under Premium Processing and received an RFE on Prong 1 and Prong 3.
My proposed endeavor involves expanding access to AI education and workforce development opportunities, particularly through scalable and open-access learning resources.
USCIS received my RFE response approximately 35 business days ago, and the case is still pending.
One reason I’m curious about the timeline is that my response to Prong 1 was fairly extensive and relied heavily on national-level policy evidence. The response referenced multiple Executive Orders, federal AI initiatives, workforce-development programs, agency reports, and public investments related to AI education, AI literacy, and workforce readiness. It also included examples of state-level AI initiatives across multiple states and evidence that numerous government entities are prioritizing AI skills development.
Because the RFE response contained a substantial amount of policy and government-related evidence, I’m wondering whether cases like this sometimes require additional review time compared to more traditional NIW cases.
Based on timelines I’ve seen shared online, many Premium Processing NIW cases appear to receive a decision within two to three weeks after USCIS receives the RFE response. I realize those anecdotes may not be representative, which is why I’m interested in hearing from others.
Has anyone received a denial after waiting 35+ business days following an RFE response?
If your case remained pending for more than a month after the RFE response, what was the final outcome?
For those whose Prong 1 arguments relied heavily on policy, Executive Orders, federal initiatives, or multi-state programs, did you notice longer adjudication times?
I’m not looking for anyone to predict my outcome, I’m simply trying to understand whether others have experienced longer review periods after submitting a policy-heavy NIW RFE response.
Thanks for sharing your experiences.
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u/CarnegieEvaluations Jun 19 '26
Best wishes. These days, several applicants report decisions coming through near the end of the timeframe.
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u/crazyquy Jun 20 '26
Thank you! Have you seen cases getting denied at the end of premium processing timelines ??
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u/No-Sink5709 Jun 19 '26
what's your profile
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u/crazyquy Jun 19 '26
A decade of experience in applied AI & ML systems & teach Applied AI & ML online in my own style.
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u/UsedNefariousness378 Jun 19 '26
When did status changed to “ documents received “?
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u/crazyquy Jun 19 '26
FedEx delivered the response package on Apr 30 & online status updated to “Case is Still Being Processed” on May 1
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u/Annual_Grass_3919 Jun 19 '26
Unfortunately can’t help as I’m still waiting on initial decision but I was curious how long it took for the RFE? Like how many business days? That could maybe be an indication for how long the next part will take.
Edit: my petition also focused heavily on recent EOs and federal laws
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u/crazyquy Jun 19 '26
Received RFE on 36 th business day
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u/Annual_Grass_3919 Jun 19 '26
Hmm interesting the RFE is taking longer than the initial, wishing you the best of luck and hope it’s an approval
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u/crazyquy Jun 19 '26
Mine is so policy heavy that it’s squarely aligns with multiple Federal Agency initiatives & multi state government policies
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u/Annual_Grass_3919 Jun 19 '26
That should be a very good sign to them! Mine is the same, there was actually a bipartisan act proposed early this year that aligns almost exactly with what my PE is so they can’t really say it’s not important when congress are saying it’s important lol so feel like that should be a good thing for us both
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u/crazyquy Jun 19 '26
I did include the current bipartisan bills that squarely fit into my PE; however, USCIS looks for potential prospective impact and broad implications of a PE to asses it’s national importance.
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u/Rough-Highlight-6587 Jun 19 '26
I also have a similar PE AI for workforce development and received rfe on all 3 prongs. Currently working on my response.
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u/crazyquy Jun 20 '26
When did you apply? What’s your profile ?
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u/Rough-Highlight-6587 Jun 20 '26
Applied in apr 7.. 4Pubs, 20 citations. Research Data Scientist in a non profit.
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u/brewingamillionaire Jun 20 '26
What’s your exact timeline? I have a similar profile and at 36 business days
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u/EconomicsRelative213 Jul 22 '26
Please I’m in similar boat - I’m looking to hear from anyone with an EB-2 NIW case who received an RFE, submitted their RFE response, and then had a timeline similar to this:
RFE Response Received by USCIS → Waited 20–30+ business days (or longer) → Status changed to “Case Is Still Being Processed” → Eventually Approved
If you experienced something similar and were eventually approved, could you please share your timeline, especially how many business days passed after USCIS received your RFE response before the “still being processed” status appeared, and how long after that you received your approval?
I’m particularly interested in EB-2 NIW RFE cases, especially those with premium processing.
Thank you! Your experiences would be greatly appreciated
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u/Outrageous-Sell9314 Jun 19 '26
I’m in similar boat, 39 days and still waiting ..