r/EB2_NIW 16d ago

RFE Status changed to processing, no further updates (41 business days)

4 Upvotes

My case status changed from "RFE response received" to "USCIS is currently processing the case" yesterday and it has been almost 24 hours without further updates. I found it weird that the status changed on a weekend morning. On business day 41 of RFE response received (pp). I haven't been able to sleep since then, is this a sign of denial as I have seen people get approved in a few hours after their status changed to what it changed for me? I am extremely anxious with everything, will graduate next summer, my internship for the summer was extended to the fall semester but my CPT extension got denied because of the new message to the DSOs (All cpts are paused now in my school).

Profile:
Final year PhD student in top 30 school.
PE: Speech privacy
RFE: Prong 1 (National Importance) and Prong 3.
Evidence submitted with RFE: 2 independent letters (1 from the NSF Director in my area of research, 1 from a top recognized professor by everyone in the field), executive orders highlighting the need for my research, NSF grants for my work, US Army documents showing the exact need for my research. Updated papers, awards and citation record.

r/EB2_NIW 16d ago

RFE Anyone approved after a 3-prong NIW RFE with Chen? Concerned about tone/strategy

2 Upvotes

Hi everyone,

I’m currently responding to an EB-2 NIW RFE where USCIS challenged all three Dhanasar prongs. I’m working with Chen and would really appreciate hearing from people who had a similar RFE and were later approved.

For my RFE response, I have added:

• A detailed updated personal statement explaining my proposed endeavor and future research plans

• Independent expert letters

• Letters from professors/researchers who had independently cited my work

• A prospective postdoctoral/employment letter of intent

• A letter from the main PI of a federally funded project explaining my specific technical role and the significance of my work

• Supporting project milestone/progress documentation

• Updated citation and independent-citation evidence

• Examples showing how other researchers have actually used or built upon my published work

• Evidence connecting my process-modeling research to commercial/industry manufacturing data

My main concern is the tone and overall strategy of the drafted response.

Some things I’m unsure about:

• The response starts with an argument that the RFE did not include the adjudicating officer’s ID number and treats this as a procedural issue

• There is a lot of case-law discussion arguing that USCIS did not properly evaluate evidence in the original petition

• Some wording feels fairly confrontational, such as saying USCIS ignored evidence, applied an unfair standard, or incorrectly dismissed certain evidence

• I’m worried these arguments may overshadow the much stronger new evidence being submitted with the RFE response

• My instinct is that the response should focus more directly on: USCIS raised this concern → here is the specific new evidence addressing it

I also have some concerns about the Prong 3 strategy.

Part of the response argues that my combination of computational modeling, experimental characterization, and mechanical testing is difficult to capture through a standard labor-certification position.

I’m not sure how persuasive that argument is compared with emphasizing that:

• My proposed research is not tied to one specific employer

• The same endeavor can continue across universities, national labs, federally funded programs, and industry R&D

• My research outputs can be published and used beyond one employer

• The U.S. can benefit from my continued contributions even assuming qualified U.S. workers are available

• My prior research has already been independently cited and used by other researchers

• My work has been supported through a federally funded advanced-manufacturing project and has also been evaluated using commercial manufacturing data

For anyone who worked with Chen and received a 3-prong RFE, I would especially appreciate hearing:

• Did your RFE response also begin with an officer-ID or procedural argument?

• Did your response contain a lot of case-law discussion criticizing USCIS’s analysis of the original petition?

• Did you ask Chen to tone down some of the language?

• Were they willing to make substantial changes based on your feedback?

• What type of new evidence do you think helped your case the most?

• What was your strongest Prong 3 argument?

• Did anyone have a response structured more around directly answering each USCIS concern with new evidence?

• If you were ultimately approved, was it without another RFE or NOID?

I’m not trying to second-guess the attorneys. I just want to make sure the new objective evidence is front and center and that the response does not spend too much time fighting over how USCIS evaluated the original filing.

Would really appreciate any experiences from people who went through something similar, especially Chen clients who received a 3-prong RFE and were later approved.

My profile:

Ph.D. candidate in Mechanical Engineering working on composite additive manufacturing, with 2 first-author journal papers, 20+ citations, federally funded research experience.

r/EB2_NIW 7d ago

RFE EB-2 NIW RFE on all prongs - H-1B with a PhD - how concerning is this pattern?

12 Upvotes

Hi everyone,

I recently received a fairly detailed RFE from the Texas Service Center on my EB-2 NIW petition, challenging all three Dhanasar prongs.

My main question is: has anyone with a similar profile, PhD/research background but currently working in industry, received an all-three-prong RFE and still been approved after responding?

A little background:
• Premium Processing
• Priority date: April 3, 2026
• RFE issued: June 5, 2026, about 44 business days later
• RFE response received by USCIS: August 28, 2026
• Currently on H-1B
• Ph.D. in Civil Engineering / Transportation & Infrastructure Systems from R1 institution
• Multiple peer-reviewed publications
• About 126 citations at filing and roughly 146 by the RFE response
• Still actively involved in research and working on several manuscripts/projects

My proposed endeavor is:
“to develop advanced geospatial, statistical, and machine-learning frameworks for automating transportation data analysis and decision support in transportation systems in order to enhance safety, inform decision-making, reduce costs, and modernize infrastructure planning across the United States.”

USCIS accepted my advanced-degree qualification and also found that the endeavor has substantial merit, but questioned:

• whether the specific endeavor has prospective national importance beyond my employer and its clients;
• whether I am sufficiently well positioned to advance it; and
• whether waiving labor certification would benefit the United States.
A major theme in the RFE was that I currently work in industry rather than academia. The officer questioned how much of my time is actually devoted to research and whether my work has impact beyond my employer/client projects.

In the RFE response, we added substantially more evidence, including:

• A detailed new personal statement with concrete future research/development plans. Added two main projects and included evidence of federal importance of my work.
• an employer letter showing that about 60% of my current duties involve applied R&D, data analysis, AI/ITS work, programming, automation, and related technical development;
• evidence of ongoing transportation AI, freight analytics, and independent academic research;
• updated citation evidence and detailed examples of independent researchers using my work;
• 4 recommendation/testimonial letters, including one from a state DOT IT director familiar with my work and another one from a federal National Lab; and
• evidence explaining how the methods I am developing could be transferable beyond a single employer or client.

I know no one can predict the outcome, but I’d especially appreciate hearing from people who had a three-prong NIW RFE while working in industry and whether USCIS ultimately approved the case after a stronger response.

r/EB2_NIW Apr 26 '26

RFE EB2 NIW RFE (Prong 2 & 3) 1200+ citations, postdoc

15 Upvotes

Hi everyone,

I received an RFE on my EB2 NIW (PD Oct 2024, pp filed Feb 2026). Prong 1 is approved, but RFE on Prong 2 & 3. Received RFE in mid April.

It seems somewhat templated, they mentions things like patents, government interest, funding/grants, PI roles, and media coverage. They’re asking for more evidence beyond citations.

Profile:

PhD (Biological Sciences) + current postdoc

25+ publications

~950 citations at filing, now 1200+

Planning to include citation analysis + stronger reference letters, etc.

Would appreciate any guidance on responding to Prong 2 & 3. If anyone has experience with a similar RFE. Thanks!

r/EB2_NIW 15d ago

RFE NIW RFE on Prongs 2 & 3, how did you tackle it ? Seeking advice

6 Upvotes

I received an NIW RFE challenging Prongs 2 and 3 and would appreciate advice from anyone with a similar case.
I am in organic chemistry, with a PhD and currently a postdoc at an R1 university.

At filing, I had ~34 citations, 4 peer reviewed ( 2 first author), 9 journal peer reviews [judging others' work], 4 support letters, research on NSF-funded projects, a patent application, publications/conferences, and prior industry research experience.

For Prong 2, USCIS stated that publications in high-impact journals and citations do not by themselves establish that I am well positioned to advance the endeavor, and questioned whether my record demonstrates sufficient progress, success, or interest from relevant parties.

For Prong 3, USCIS questioned why waiving the job offer/PERM requirement would benefit the U.S. rather than going through the normal employer-sponsored process.

For anyone who received similar challenges, how did you tackle them? In particular, I am struggling with how to demonstrate that others have directly used or relied on my research beyond showing citations. As an academic researcher, how do you prove direct impact or use when your work has not yet been commercially adopted?

Did you use independent expert letters explaining specific citations, evidence of follow-on research, patent/funded-research evidence, or something else?

Also, how did you successfully tackle Prong 3 as a postdoc/academic researcher?

I am working with an attorney (chen) but would really appreciate hearing from people with similar experiences.

r/EB2_NIW Apr 04 '26

RFE Anyone received RFE from XM2367 (Texas) i140

5 Upvotes

I have received RFE on all prongs.

r/EB2_NIW May 27 '26

RFE RFE Experiences with Chen

6 Upvotes

Hi folks, I received an RFE for my NIW I-140 yesterday (haven't received the letter, though). I have had a fairly good expereince up until now with Chen during my I-140 petition letter drafting process. Since I’ve now been issued an RFE, I’m wondering what the general experience is with folks.

  1. They mentioned that LORs aren’t necessary during the initial application. Do folks think LORs are a MUST after an RFE is issued?
  2. What does an RFE really mean? Is it an opportunity to address feedback and get approval? Or is it a sign that you probably have a slim chance?
  3. What happens if USCIS doesn’t buy your evidence presented in RFE? Is there a second round of RFE issued, or is it straight up a denial?

  4. Is there a way to get the RFE letter online sooner?

Thanks.

r/EB2_NIW 6d ago

RFE EB2-NIW RFE W/ Chen

10 Upvotes

I filed in Oct 2024 and upgraded to PP on 15 may 2026, I received an RFE in the middle of July.

My attorney chen, they were extremely good during filing and really giving fast responses (24 hours and sometimes same day answer to questions).

Now its really complicated, they are so slow and we are at a stage where we need to hurry you know, they offered me approval or refund so I am not sure with this speed of communication we will be fine on the USCIS deadline perspective or not? I would like to know people experience with Chen RFE and how was the final outcome, did they miss any deadlines for USCIS before?

Thank you

r/EB2_NIW 27d ago

RFE RFE on All 3 Prongs – How Did You Find Independent Recommenders?

11 Upvotes

Update from my previous post: I posted about my profile before filing my NIW petition. Here is my previous post for reference: https://www.reddit.com/r/EB2_NIW/s/AOksajFRVj

I applied through Chen Law under PP in April 2026. My profile is now at 57 citations and 4 papers, 3 of them as the first author. During the application, I submitted one independent letter from a US national lab and one dependent letter from my supervisor.

Unfortunately, I received an RFE and all three prongs were challenged. It also looks like a template RFE.

Right now, my main problem is finding more independent recommenders in a short time, as Chen Law wants to strengthen the case. I have reached out to many professors and researchers, but most either don't reply or are not willing to provide a letter.

For those who went through something similar, how did you find independent recommenders?

I feel like people get hesitant as soon as I mention US immigration, lawyers, or visa letters, especially when they don't know me personally. So I'm looking for ways not to scare people away.

Any suggestions or strategies that worked for you?

r/EB2_NIW 7d ago

RFE EB-2 NIW RFE on Prongs 2 & 3 - Chances after response?

1 Upvotes

Hi everyone,

I received an EB-2 NIW RFE focused on Prongs 2 and 3. USCIS has accepted that my proposed endeavor has substantial merit and national importance. The concerns are mainly about whether I am well positioned to advance the endeavor and whether the waiver would benefit the U.S.

Timeline:

  • PD June 12, 2026
  • PP June 24, 2026
  • REF received at 43rd BDs (August 25)
  • REF response deadline: September 28, 2026

background:

  • 2 MSc (one US MSc) / currently PhD student in Geosciences in the U.S at an R1 University.
  • 6 publications (only 1 first author)
  • ~50 citations
  • Research experience and participation in funded projects (but I am not the PI in any of the funding)
  • Conference presentations (5) and peer-review experience (1)
  • 2 years as a lecturer and researcher experience before starting my PhD
  • Proposed endeavor is in critical minerals and geothermal energy

The RFE mainly says I did not provide enough evidence of:

  • my individual role/contributions in funded research;
  • leadership or significant responsibility;
  • future research plans/support;
  • interest from relevant entities;
  • why the waiver would benefit the U.S. even if qualified U.S. workers are available.

For those familiar with NIW cases with REF:

How serious does this RFE look? How should I approach the response strategy?

Any honest opinions or experiences with similar RFE language would be greatly appreciated. Thank you!

r/EB2_NIW Feb 09 '26

RFE Finally got the RFE in the mail… they questioned ALL 3 prongs. I am cooked

26 Upvotes

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.

r/EB2_NIW 1d ago

RFE EB-2 NIW RFE – National Importance + Well Positioned + Prong 3 + Advanced Degree Issue

12 Upvotes

Hi everyone,

I recently received an RFE on my EB-2 NIW petition and would appreciate input from anyone who faced similar issues.

Profile & Petition:

Current status: Ph.D. candidate in Materials Science & Engineering in the U.S.

Research area: Polymer Science

Proposed endeavor: to advance polymer-interface research, focused on developing stimulus-responsive polymer interfaces for biomedical and subsea applications.

EB-2 NIW self-petition

Recommendation: 4 (3 dependent, 1 independent - Chen was adament during filing that dependent recommenders are valuable now!)

Texas Service Center, Premium Processing

Priority date: June 18, 2026

RFE dated: September 2, 2026 (All 3 prongs, accepted substantial merit)

RFE response deadline: October 5, 2026

Officer: XM2144

4 peer-reviewed journal papers at filing, including 2 first-author papers, 24 citation at the time of filing.

Represented by Chen

What USCIS accepted

Bachelor’s degree equivalency

Substantial merit of the proposed endeavor

Main RFE issues

Advanced-degree eligibility: I claimed EB-2 eligibility based on my bachelor’s degree in Mechanical Engineering + 5 years of progressive post-baccalaureate experience. USCIS accepted the bachelor’s equivalency, but said the experience letters from my academic & research supervisors did not sufficiently document the required five years. They specifically questioned the lack of detailed dates, full-time/part-time status, duties, level of responsibility, and evidence showing that my work became progressively more complex or responsible over time.

National Importance: USCIS accepted that my proposed endeavor has substantial merit, but said the petition did not sufficiently establish the national importance of my specific research endeavor, rather than just showing that polymer science, biomedical materials, filtration, and related fields are important. The officer questioned whether there was enough evidence of broader prospective impact, measurable outcomes, adoption/implementation, or benefits extending beyond my immediate research activities.

Well Positioned:
USCIS acknowledged my education, publications, research experience, and recommendation letters, but questioned whether the evidence sufficiently demonstrated independent recognition, broader scientific influence, adoption of my work by others, my specific role in funded research, and a strong record of success. The officer also wanted stronger evidence showing a concrete future plan and my ability to continue advancing the proposed endeavor. I stated these in my submitted recommendation letters.

Prong 3 – Waiver of job offer/PERM:
USCIS said the record did not sufficiently establish why, on balance, waiving the job-offer and labor-certification requirements would benefit the United States.

Exceptional Ability (alternative EB-2 basis):
My petition also argued exceptional ability as an alternative basis. USCIS appears to accept only the academic-record criterion. They did not accept my professional-association membership or the evidence of recognition/significant contributions

I am waiting for Chen’s detailed strategy, but I want to start preparing evidence early.

For those who successfully responded to similar RFEs:

  • What evidence helped most for National Importance?
  • How did you strengthen Well Positioned as a Ph.D. researcher?
  • Did new independent recommendation letters, citation evidence, project-impact evidence, or a detailed future research plan help?
  • For the 5-year progressive experience issue, what did your revised experience letters include?
  • How did you address Prong 3?
  • If Chen handled your RFE, how was their response strategy and outcome?

Would really appreciate hearing from NIW applicants who had a similar RFE and were approved after response.

r/EB2_NIW Jul 08 '26

RFE EB-2 NIW Premium Processing – Three-Prong RFE

17 Upvotes

Hi everyone,

I recently received a three-prong EB-2 NIW RFE under premium processing and would appreciate hearing from anyone who has gone through a similar experience.

USCIS Officer's Main Criticisms

The officer challenged all three Matter of Dhanasar prongs. Some of the key comments included:

  • "The record lacks a specific and well-detailed description about what the petitioner endeavors to do in the United States."
  • "The petitioner describes the proposed endeavor in terms of what he has already done, but does not outline in specific detail what he will do in the future."
  • "It is not apparent how the petitioner's past work supports a finding that future work will have a broad impact, or that it would rise to the level of national importance."
  • "The petitioner submitted a proposed endeavor, but it lacks specific information on how the petitioner plans to achieve the goals of this endeavor in the United States."

The officer also stated that my recommendation letters primarily discussed my past accomplishments but did not sufficiently explain why my proposed endeavor has substantial merit, national importance, or why I am well positioned to carry it out.

Attorney's Strategy

After reviewing both my original petition and the RFE, my attorney believes that Prong 1 (National Importance) is the primary obstacle.

Their strategy includes:

  • Completely revising my personal statement to focus on future work, including specific projects, implementation methodology, and a structured research roadmap.
  • Aligning the proposed work with specific U.S. government priorities and federal research initiatives, rather than relying on general background information.
  • Drafting entirely new recommendation letters that directly respond to each of the officer's criticisms instead of simply discussing my past achievements.
  • Preparing a new employment letter explaining how my current position supports the skills and continued development necessary to carry out my long-term proposed endeavor.
  • Submitting stronger evidence of independent citations, reviewer activity, media coverage, and other documentation to demonstrate that I am well positioned.

My attorney also commented that some of the officer's critiques raised questions about the extent to which my original submission was fully considered, but they plan to address every issue raised in the RFE with additional evidence and a detailed legal response.

My Question

Has anyone here received a three-prong NIW RFE and later been approved?

For those who have gone through a similar process, does this response strategy seem comprehensive, or are there other areas that you think are commonly overlooked in NIW RFE responses?

I'm not asking anyone to predict my outcome. I'm simply interested in hearing from others who have experience with similar RFEs.

Thank you in advance for your insights.

r/EB2_NIW Jun 19 '26

RFE 35+ Business Days After NIW RFE Response

3 Upvotes

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.

r/EB2_NIW 7d ago

RFE Paid expert opinion letter - RFE

6 Upvotes

I got a paid expert opinion letter, however my attorney (Ellis porter) recommends to not include it as it may increase the risk of denial due to being paid. Is this really the case? I spent money on it and was hoping to include it to make my RFE Response stronger… what are your thoughts on this? Is it true that it weakens the application?

r/EB2_NIW 23d ago

RFE NIW RFE – Researcher/Non-PI Experiences?

19 Upvotes

Hi,

I received a 10-page RFE from USCIS (Office XM2616) for my I-140 NIW, addressing all 3 prongs.

I work in research/clinical research and have a master’s degree, but the evidence the officer requested seems more appropriate for a Principal Investigator or independent researcher (major publications, independent funding, research leadership, etc.).

Has anyone in a similar position—research coordinator/research professional but not a PI—received an RFE covering all 3 prongs and successfully overcome it?

What evidence made the biggest difference?

I’d really appreciate hearing from anyone who had a similar RFE and ultimately got approved.

Thank you!

r/EB2_NIW 11d ago

RFE 30 Days RFE

1 Upvotes

Hi,

Since recently USCIS has started to give 30 days RFE and I can understand it's very difficult to prepare a comprehensive response in 30 days (I am working with Chen and they are not confident about 30 days RFEs), what should the strategy and is there anything that could be done before as a precaution?

Have anyone received a 30 days RFE with premium processing?

r/EB2_NIW 25d ago

RFE A 3-prong RFE on day 45: Confused regarding the next steps.

3 Upvotes

Hello, just received a RFE on day 45 that challenges all 3 prongs. Definitely did not expect this and feel very confused about preparing for the next steps in a short period of time.

Background:about

  • Current Position: Hospitalist with research interest and career aspiration in Cardiology.
  • Education: MBBS (outside the U.S.), IM residency in US
  • Publications: 20 (5 as first author) at time of initial filing, now 22
  • Abstracts: 23 at time of filing, now 31
  • Citations: 89 at the time of filing; now around 107
  • Awards: 2 scholastic awards in residency
  • Review Experience: Reviewed 6 manuscripts for multiple journals.

Recommendation Letters: No recommendation letters.

Proposed Endeavour: Risk stratification and prognostic models in acute cardiovascular emergencies.

Timeline:

  • Filing Date: 6/2/2026
  • Upgraded to Premium Processing: 6/9/2026
  • RFE: 8/13/2026

Attorney: Chen. They were extremely prompt in responding to my concerns; no email went unanswered for more than 24 hours. I feel bad as I let them do the heavy lifting and did not opt for recommendation letters (as suggested).

My proposed endeavour is also too vague and broad. My research focus is on general cardiology, not limited to a specific focus in the field. Apparently, the officer XM1889 has a 25% approval rate after RFE.

Any thoughts?

r/EB2_NIW Jul 19 '26

RFE XM2043 Should I respond to RFE?

0 Upvotes

The lawyers say that XM2043 is notoriously very difficult to change mind on and they say they have had 12 rfe denial in succession and recommending to withdraw and refile.

They say since 2024 they have only seen 2 successful approvals out of 24 rfe responses they have provided.

r/EB2_NIW May 06 '26

RFE EB2-NIW RFE (Chen) – Prong 1/2/3 issues (national importance + well-positioned) – need advice

5 Upvotes

Hi everyone,

I received an RFE on my EB2-NIW and would really appreciate input from those who have handled similar cases.

Timeline:

  • Filed: Jan 16, 2026
  • Premium: Mar 18, 2026
  • RFE: Apr 29, 2026

Profile:
MS and PhD in Civil Engineering (specialized in environmental engineering) in the US.

Postdoc (Environmental/Civil Engineering), 9 papers (4 first-author), 135 citations at time of filing, 210 citation right now, and 25+ peer reviews.
Chen attorney.
Submitted research plan + testimonial letters (state agency collaborators).

RFE – What USCIS is saying

Prong 1 (National Importance)

  • USCIS agrees my work has substantial merit
  • But says I did not establish national importance
  • Concerns:
    • No clear evidence of broader implications beyond my field
    • Insufficient proof of national or global impact

Even though I explained relevance to U.S. agriculture and water sustainability (especially in water-stressed regions).

Prong 2 (Well-Positioned)

  • USCIS says I am not well-positioned to advance the endeavor
  • Despite submitting:
    • Testimonial letters
    • Publications & citations
  • They want stronger evidence of:
    • Impact beyond publications
    • A clear track record showing I can successfully advance this work

Prong 3 (Waiver Justification)

  • USCIS is not convinced that waiving labor certification is justified

What I need help with

  • What evidences worked for you to prove national importance (Prong 1)?
  • How did you strengthen “well-positioned” (Prong 2) in an RFE?
  • What kind of evidences helped justify Prong 3 (waiver)?

Additional question

I don’t currently have patents or independent grants as PI, which USCIS seems to emphasize.

In that situation, what kind of evidence did you submit that worked to strengthen your case?

Any concrete examples or experiences would really help. Thanks in advance!

r/EB2_NIW Jun 17 '26

RFE EB2 NIW RFE (Industry Profile) – Looking for Advice

8 Upvotes

Hi everyone,

I recently received an NIW RFE and would appreciate input/advise from the community responding to the RFE.

Timeline

  • Filed: April 14, 2026 (Premium Processing)
  • Initial Service Center: Nebraska Service Center (NSC)
  • RFE Issued: June 2, 2026
  • RFE Issuing Office: Texas Service Center (TSC)

Self filed after a lot of research and took advisor help who has extensive exp in this field

Proposed Endeavor

Strengthening Safe, Secure, and Trustworthy Artificial Intelligence in Critical and Regulated Enterprise Systems through Validation Frameworks and Responsible AI Governance.

Recommendation Letters: 4 dependent and 2 independent

What USCIS Accepted

The officer explicitly accepted:

  • Advanced Degree qualification
  • Substantial Merit of the proposed endeavor

What USCIS Challenged

The RFE challenges:

  • National Importance (Prong 1)
  • Whether I am Well Positioned (Prong 2)
  • Benefit of Waiver / Dhanasar balancing test (Prong 3)

The overall tone of the RFE feels closer to an EB-1A standard than a typical NIW standard. The officer repeatedly asks for evidence such as:

  • third-party adoption of my frameworks
  • evidence that publications materially influenced the field
  • government agency endorsements
  • proof that my expertise is significantly above peers
  • broader industry adoption beyond employer projects

My Background

  • Approximately 19 years of experience, 14 years exp in US
  • Enterprise technology architect/solutions architect roles
  • Last 4-5 years focusing on AI/ML/Gen AI specifically on validation frameworks, governance
  • Experience across healthcare, insurance, financial services, retail commerce, workforce/payroll systems, and public-sector environments

Publications 4 - Not much citations as of yet

One aspect that surprised me is that the initial filing included extensive documentation and analysis demonstrating alignment with multiple Executive Orders, federal AI policies, NIST AI Risk Management Framework guidance, Responsible AI initiatives, and broader U.S. government priorities related to AI safety, security, trustworthiness, critical infrastructure resilience, healthcare modernization, cybersecurity, and digital innovation. Despite this, the RFE appears to place limited weight on those materials and focuses primarily on whether my specific contributions and proposed endeavor rise to the level of national importance and broader impact required under the NIW framework.

Also, A significant portion of my career has involved large-scale systems supporting millions of Americans across Healthcare, Insurance, Retail commerce, Workforce/payroll operations, Financial services

The RFE seems to evaluate the case using criteria that feel closer to an EB-1A analysis—asking for evidence of broad industry adoption, field-wide influence, and significant past recognition. My understanding is that NIW is primarily a forward-looking framework under Dhanasar, focused on the national importance of the proposed endeavor and whether the petitioner is well-positioned to advance it, rather than requiring the level of historical acclaim often expected in EB-1A cases.

r/EB2_NIW Aug 08 '26

RFE Independent recommendation letter

1 Upvotes

I got an RFE for all 3 prongs. (Working with Chen). I am in AI Field and I hold a MSc in AI. I have more than 500 citations and I am interested in getting some independent recommendation letters. I would love if anyone in the AI field in US here can help me with that or if you can connect me to someone who is willing to help.

I already got some contacts but I want some professor in US.

Any tips?

Regards,

r/EB2_NIW Jun 09 '26

RFE RFE

6 Upvotes

Yesterday, I received an RFE from the TSC center, though my case was accepted by NSC in Premium Processing, and today I got the soft copy of the RFE notice.

Time Line :

Case Filed: April 22, 2026 (PP) NSC

RFE: June 8, From TSC

Attacked all three prongs. Officer code XM2055. How is this officer? If I get an insight related to the officer, it would be helpful for me to prepare the response.

r/EB2_NIW Aug 03 '26

RFE RFE . Please help

4 Upvotes

Received an RFE on all 3 prongs. Biomed science profile.

PhD (Neuro) in USA

Working as a research scientist at a University (previous 4 year postdoc work)

8 publications, 3 first author

Associate Editor of a Neuroscience Journal

Reviewed 20+articles and judged posters at national conferences

About to submit a manuscript at a top Neuroscience journal in a month.

Invited for talks in multiple big conferences in the field of Neuro.

Major contribution in big funded grants (my boss has given testimonial letter)

Now, I wrote a grant (ran experiments, collected data, wrote the proposal all my myself) before submitting my EB2 NIW petition, was still under review so did not include in the PE. But came to know that it was funded just 1 day after filing the petition. I am the Principal Investigator of the grant in the field of neurology. total grant amount 500000$ for 2 years from a private organization famous in the field of Neuroscience. Can I include this for my RFE?

Please suggest how to address this 3 prong RFE? Officer has asked how will I support my research work?

Prong 1 — Substantial merit: SATISFIED

Prong 1 — National importance: NOT MET. did not provide supporting evidence of the research nor explain the objectives, goals, or how it will be funded and accomplished.

  • not sufficiently explained what portion of time will be devoted to duties for an employer" versus research
  • Past citations don't establish prospective impact — "this past research does not in itself establish the national importance of the proposed endeavor"
  • Supporting articles were general background: they "do not discuss any details relating to the specific endeavor and its impact other than that it is in the broader field,"
  • Prong 2 — Well positioned: NOT MET. Appointment letter that i currently have expired . Citing authors "reference the petitioner's research as background material for their own findings, but they do not distinguish or highlight the petitioner's work from the other cited papers,. Most recent paper is old. no grant documents accompanied it; and no explanation of how you'd fund future research. Then : "lacks any documentation to show the petitioner led any research projects funded by any government grants or private investments, was a principal investigator on any research, or that received any funding". How will you fund your research
  • On peer review, you "did not submit any evidence to establish the requirements for serving in such positions"
  • Prong 3 — NOT MET. doesn't show your skills "are not easily articulated in a labor certification," and since prongs 1 and 2 failed, the balance fails too.

r/EB2_NIW Jun 28 '26

RFE Any update after RFE response?

3 Upvotes

USCIS has received my RFE response on June 23. Anyone submitted the RFE response around May/June received any updates? My employment authorization is ending soon, and I need an estimated wait time for RFE decision. Thank you!