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Addressing all the NYSDOT Case's Prongs Separately in an EB2 NIW Petition

Hi William,

I recently received a Request For Evidence (RFE) from USCIS for my EB2 National Interest Waiver application. USCIS asked all questions I provided before in the initial NIW petition cover letter and supporting documents. I am not sure if they lost my EB2 NIW package or some documents. Please see my attached RFE notice and let me know how I could reply it. Thank you very much!


It has happened to some alien applicants that USCIS lost the supporting documents for Form I-140 petitions based on EB2 National Interest Waiver category. Thus, there is a small chance that USCIS may lost the petition package.

However in some cases, we do see that USCIS indicates in an RFE notice: "the petitioner appears to be part of a talented team doing research that could be of national interest. The team is just one of many that are working on the same type of research," which indicates USCIS actually know your qualifications.

In an NIW petition or RFE response, the alien applicant should address all the prongs for 
EB2 National Interest Waiver application by quoting the relevant laws and addressing each of them separately, which means the following prongs issued in the NYSDOT case:

•  it must be shown that the alien seeks employment in an area of substantial intrinsic merit;

•  it must be shown that the proposed benefit will be national in scope;

•  the petitioner seeking the waiver must persuasively demonstrate that the national interest would be adversely affected if a labor certification were required.

The NIW applicants should show that the alien's ability to serve U.S. national interest is significantly above the available U.S. worker with same minimal qualifications, and it should show that the alien has a past record of contributions to areas of national interest justifying future benefit to national interest. The alien applicant should address each of the prongs separately, and established how you satisfy these requirements.

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