How to Reply NIW Request for Evidence (RFE) Thoroughly and Successfully, NIW, National Inteerest Waiver, RFE NIW, NIW RFE, RFE Reply, NIW, Request for Evidence, RFE

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How to Reply NIW Request for Evidence (RFE) Thoroughly and Successfully

Hi William,

I recently received a Request For Evidence for my NIW application, with the question of benefits the national interest to outweigh the competing interest in preserving the labor certification process. How could I understand and reply this request in my RFE response?

Answer,

To reply to an NIW Request for Evidence (RFE), thoroughly review the notice, address every concern point-by-point, and submit new, strong evidence (e.g., updated expert letters, detailed business plans) within the deadline. Organize your response with a cover letter and label exhibits, ensuring all arguments focus on the three Dhanasar prongs.

The RFE process creates the opportunity for an alien applicant to emphasize evidence already in the record that the USCIS adjudicator may not have fully considered, to clear up misunderstandings, and to clarify issues and facts. The RFE also give an opportunity for alien applicants to provide additional evidence through the RFE process.

The EB2-National Interest Waiver petition is difficult to satisfy in light of the USCIS bias toward the Labor Certification process. For this test, the alien applicant needs to prove that the alien’s work benefits the national interest so much as to outweigh the competing interest in preserving the labor certification process in that case. Undoubtedly this test would take into account many factors, most of which would be difficult to objectively measure or quantify.

On the one hand, a researcher who develops a vaccine for HIV would probably outweigh the interest in preserving the job for a minimally qualified U.S. researcher who did not make this discovery. Here, strong testimonial letters are key to a successful RFE response. USCIS requires that a foreign national must present national benefits so great as to outweigh the national interest in preserving U.S. jobs for U.S. workers through the Labor Certification process.

A successful RFE response include:

1) Analyze the RFE: Identify whether the issue is with the proposed endeavor's national importance (Prong 1), your qualification to advance it (Prong 2), or the requirement for a waiver of the job offer (Prong 3).

2) Draft a Formal Cover Letter: Create a clear, concise letter that references your receipt number, lists the evidence submitted, and answers each question raised by the officer.

3) Strengthen Documentation: Provide concrete evidence that was missing, such as independent citation records, new letters of recommendation, or a detailed, updated business plan if you are self-employed.