If you’ve received a Request for Evidence (RFE) from USCIS during your EB-2 National Interest Waiver (NIW) journey—take a deep breath. An RFE isn’t the end of the world. It’s not even a denial. Think of it as USCIS saying, “Hey, we just need a bit more information before we can move forward.”
Still, we get it—seeing that envelope or email can feel overwhelming. That’s why we’ve put together this comprehensive guide to help you understand what an RFE really means, how to respond effectively, and how to avoid common mistakes. Whether you’re just starting your EB-2 NIW petition or already in the thick of it, this guide will help you feel more in control of the process.
🧾 What Is a Request for Evidence (RFE) in the EB-2 NIW Process?
An RFE is USCIS’s way of telling you that your petition needs a little more oomph—either you missed some documents, didn’t explain something clearly, or they just need more proof to connect the dots.
For EB-2 NIW applicants, RFEs can pop up for a variety of reasons, including:
- Lack of evidence showing how your work benefits the U.S. on a national scale
- Inadequate documentation proving your qualifications or advanced degree
- Not enough support for the “waiver of the job offer” requirement
- Missing proof that your endeavor has national importance
So no, it doesn’t mean your case is weak. It just means you need to clarify or back up what you’ve already said.
🎥 Watch: How to Respond to a USCIS RFE
Before we dive into the details, here’s a quick, easy-to-follow video that breaks down the steps for responding to a USCIS RFE—especially useful if this is your first one:
👉 Watch on YouTube
📦 What Does an EB-2 NIW RFE Usually Request?
The type of evidence USCIS may ask for depends on what’s missing or unclear in your petition. Some common requests include:
Financial documents – Showing funding, investments, or sustainability
- Proof of your educational background – Diplomas, academic transcripts, credential evaluations
- Evidence of past work and impact – Published articles, patents, media mentions, reference letters
- Detailed description of your proposed endeavor – How will your work benefit the U.S.?
- Proof that your endeavor has national importance – Think scope, reach, and relevance
- Letters from industry experts – Verifying your influence or importance in your field
- Financial documents – Showing funding, investments, or sustainability
🔁 Step-by-Step: How to Respond to an EB-2 NIW RFE
1. Read the RFE Carefully (More Than Once): Sounds obvious, but trust us—it’s easy to skim and miss key points. Highlight every sentence that asks for specific evidence. Make a checklist if it helps.
2. Take Note of the Deadline: You’ll typically have anywhere from 30 to 90 days to respond. This deadline is non-negotiable—miss it, and your entire petition could be denied.
3. Break Down the RFE Into Sections: USCIS often groups requests by topic—education, work experience, endeavor description, etc. Tackle each section one at a time, and ensure every claim is supported by evidence.
4. Organize Your Evidence Clearly: Structure matters! Use section headings, label documents, and if mailing, include a table of contents and tabs.
5. Write a Clear Response Letter: This is your chance to show how each piece of evidence answers the RFE. Be concise, courteous, and focused.
Real-Life Testimony: How Tammy Responded to Her RFE
Want to see how someone successfully responded to an RFE?
Meet Tammy, a data analyst, who got an RFE despite putting together a strong application. Her experience shows that even straightforward RFEs can feel intimidating—but they’re totally manageable.
👉 Watch Tammy’s Testimony on YouTube
👉 Watch Tammy’s Testimony on YouTube (Contd)
⚖️ What Makes Evidence Strong?
USCIS looks for:
- Relevance – Directly supports your claim
- Credibility – Comes from reliable sources
- Specificity – Goes beyond general statements
Avoid:
- Overloading with irrelevant data
- Vague or generic reference letters
- Unexplained documents
❌ Common Mistakes in RFE Responses
- Submitting incomplete or poorly explained evidence
- Procrastinating and rushing at the last minute
- Ignoring formatting and organization
- Not clearly addressing every USCIS request
- Failing to ask for professional help when needed
📬 How to Submit Your RFE Response
RFE response is submitted by mail and must include a copy of the RFE notice and use tracked delivery.
📊 What Happens Next?
- USCIS reviews your response
- You get a confirmation of receipt
- You’ll receive a decision within 60–90 days (in most cases)
- Possible outcomes: Approval, Denial, or a Second RFE
🙋♂️ What If You Ignore the RFE
Don’t do it. Failing to respond by the deadline usually leads to denial. If something serious prevents your response (e.g., medical emergency), you can file a motion to reopen, but that’s risky and not guaranteed.
🛠 What If You Get Denied After an RFE?
You may be able to:
- File a Motion to Reopen with new evidence
- File a Motion to Reconsider if USCIS made a legal or factual error
- File an Appeal to the Administrative Appeals Office
Act quickly—there are strict deadlines.
❓FAQs:
What is an RFE?
A Request for Evidence (RFE) is USCIS’s way of asking for additional documentation to make a decision on your case.
Is it common to get an RFE in EB-2 NIW cases?
Yes! Especially because it’s a self-petition category without an employer sponsor. Many strong applicants receive RFEs.
Can I get help responding to my RFE?
Absolutely. Our team at My Green Card Story specializes in helping EB-2 NIW applicants craft strong, timely responses to RFEs that get results.
🚀 Let’s Get You Approved
If you’ve received an RFE, don’t panic. Responding strategically can actually boost your chances of approval.
✅ Need help reviewing your RFE?
✅ Not sure what evidence USCIS is really looking for?
✅ Want help crafting a persuasive response?
We’re here for all of it.👉 Book a 1-on-1 Consultation Now
Or visit the official USCIS page to learn more about your case status.
💡 Final Thought
An RFE isn’t a rejection—it’s an opportunity to clarify and reinforce your value. With the right mindset and guidance, you can overcome it and move one step closer to your American dream.
Remember: you’re not alone. At My Green Card Story, we’ve helped professionals just like you turn their RFEs into success stories. Let’s make yours the next one.
Let’s make Your EB2 journey a success! Stay connected with us! Follow My Green Card Story on all our socials for the latest updates, tips, and inspiring success stories. Got questions? We’re here to help!
