Respond to a USCIS RFE

Receiving a Request for Evidence (RFE) can be a challenging experience. However, it provides an opportunity to objectively assess your petition and thoroughly evaluate your eligibility, as well as the adequacy of its preparation.

If you have engaged the services of a lawyer who merely provided you with a template without assisting in the preparation of your petition and evidence, it becomes evident why your petition did not succeed.

When filing for an EB-2 visa (or any other E visa), it is crucial to have a well-defined strategy and to prepare the supporting evidence accordingly. The first step is to identify the specific endeavor and gather the relevant evidence to strengthen your petition. Once this is done, you can proceed with filing your petition. Unfortunately, many eligible petitioners receive a Request for Evidence (RFE) simply because they did not adequately prepare their evidence. For instance, some individuals mistakenly submit a “letter of reference to a job position” as a “recommendation letter,” even though they are not related. It is important to note that the “recommendation letter” should be specifically written to endorse your migration to the United States.

If you were properly advised by the lawyers, it would have been filed correctly with the appropriate evidence from the beginning. If your petition was not filed correctly, we recommend considering a change in legal representation or requesting your current lawyer to send you the necessary documents so that you can personally submit the response.

However, even with a well-prepared petition, success is not guaranteed if the criteria set forth by the USCIS are not met. For instance, one of the requirements is to have a minimum of ten years of full-time work experience and provide supporting evidence to substantiate this claim.

There are two distinct categories within the EB-2 visa classification: Advanced Degree and Exceptional Ability.

If you do not possess a permanent labor certification issued by the Department of Labor (DOL) with the assistance of a U.S. company, you are only eligible for the Exceptional Ability category, commonly known as NIW (National Interest Waiver). Are you eligible for the NIW?

In order to qualify, you must meet at least three of the following criteria:

    • An official academic record showing that you have obtained a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning in your area of exceptional ability
    • Letters from current or former employers documenting at least ten years of full-time experience in your occupation
    • A license to practice your profession or certification for your profession or occupation
    • Evidence that you have received a salary or other remuneration for services that demonstrates your exceptional ability
    • Membership in professional association(s)
    • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
    • Other comparable evidence of eligibility is also acceptable

By being honest with yourself, you can determine your eligibility without the need for professional consultation.

There is no specific job list for the EB-2 NIW category. Each case is evaluated individually by the USCIS to determine if the petitioner possesses exceptional ability in their field and if their work is in the national interest of the United States.

Realistically, certain low-skilled jobs such as drivers, chefs, and waiters are not ideal candidates for the EB-2 category. Similarly, positions such as marketers, web developers, and salespersons may also not be considered strong candidates for EB-2.

If you believe that your chances of approval are not favorable, you may want to consider proposing a business endeavor. However, it is important to note that you may be required to provide evidence of sufficient funding to start the business.

If you decide to respond to the request for evidence (RFE), we would be pleased to assist you in creating a persuasive narrative. To begin, kindly arrange a consultation for our “request for evidence” services and furnish us with all the documents you included in the initial filing.

It is essential to acknowledge that the reason for receiving the RFE is due to inadequate preparation in the initial filing. Consequently, it is imperative to be prepared for the potential need to commence the process anew.

What Sets True North Apart?

Unlike the majority of immigration attorneys, who often lack the expertise to create comprehensive business plans and choose to rely on external professional business plan writers, True North’s experienced business and legal consultant brings a unique skill set to the table. Our consultant not only has an in-depth understanding of the United States Citizenship and Immigration Services’ requirements for employment-based immigration, but also possesses a wealth of experience in crafting business plans.

This unique background enables True North to adopt an innovative approach, developing a hybrid plan that expertly blends the elements of a conventional business plan with aspects addressing the Dhanasar criteria. As a result, our clients receive a more compelling and cohesive petition tailored to their specific needs.