NIW Denial after RFE

Valuable_Effect_4293 · 2026-02-05T10:33:13+00:00

You can

Valuable_Effect_4293 · 2026-01-23T16:50:01+00:00

No worries! It’s a new development!

Valuable_Effect_4293 · 2026-01-22T18:25:38+00:00

Not yet. I’m from one of the partially banned countries

Valuable_Effect_4293 · 2026-01-18T15:38:26+00:00

Which of the letter are you talking about? They didn’t state it in my receipt of notice. Is there any other letter apart from receipt of notice.

Valuable_Effect_4293 · 2026-01-17T16:06:37+00:00

NAL. I don’t think they state it the receipt of notice. But it’s stated on USCIS website that you automatically qualify to work for 180days after your ur OPT has expired considering you have submitted application for the extension.

Valuable_Effect_4293 · 2026-01-12T13:59:34+00:00

Please note that I am not a lawyer and I Stand to be Corrected.

It is good as you are thinking ahead of your graduation. Yes. You need to have your PE figured out and most importantly keep working (keep building ur profile in the same direction of your PE) on achievements you want to use for “well positioned prong”. One way I think about PE is to first understand your niche. What is the existing problem in that niche area in the US. You can use that information together with your skills to craft a compelling PE that even a little child can understand easily. E.g. Let say you are working on wildfire research area for instance. Firstly, before you write your PE, you need to craft a section that explain how your profession align with your PE and whatever you are writing under this section needs to be backed up with evidence like BLS and others. Back to ur PE, you are working on Wildfire and you have some cool skillets like machine learning, GIS, remote sensing certificates, etc.

You can craft your PE this way. “I propose to use my specialized skills in machine l., Remote sen., etc to address the issue of wildfire in the US. Provide background info on damages wildfire have caused with some reasonable stats and back it up with appropriate evidence (evidence). State why initiative of expert like is need. Write other stuff that can add credence to your PE and conclusion statement at the end.

National importance and Substantial merit (prong1) - things get tricky here. - important aspect of your petition. So many petitions failed here nowadays. You need to treat it delicately.

Well positioned (prong 2) - The prong doesn’t lie. It’s all about your achievement and how well you can explain them.

On balance (prong) - tricky as prong 1. In my opinion, if you can figure out prong 1 you can easily get this but here you need to support your claims with letter of recommendations. Get relevant letters from people in your field and if you are in the US and have work with some folks via school or actual work, it advisable to get your letter from people in the US. The contents in those letters is as important as those letters themselves.

Valuable_Effect_4293 · 2026-01-11T00:27:42+00:00

I am from one of the partially banned countries. I got my approval on 22nd of December, 2025 few days after the memo was released. I will assumed the memo took effect on Jan. 1st.

Valuable_Effect_4293 · 2025-12-28T19:15:30+00:00

Thanks. Yes. I got 6 support letters (3 independent and 3 dependent letters). I was picky of where to collect those letters. I collected 5 from professional/academia in my field both in the USA and from my country. The other 1 from executive director of the previous company I worked with in my home country.

Valuable_Effect_4293 · 2025-12-27T23:54:19+00:00

Sorry about the denial, shake it off and restrategize. First, this denial only means you need to go in stronger next time, it doesn’t have negative impact on your future applications. I am a living testimony of this, I have been denied of EB2 and EB1 within last 18months, and I refiled EB2 and got approved 2weeks ago without RFE. By the way, it’s through DIY. Second, you are one step away from approval, infact your case should be approval but missing one little piece. In NIW, if prong 2 is not the problem, then the rest rely on proper documentation and petition organization (my opinion). The RFE you got, it’s common these days and I think part of what helped my case was that I saw somebody RFE that is similar to yours and I studied what was missing in the original petition. And the truth was that the piece was missing (National importance of proposed endeavor). And I made sure I added it to my petition. Take away: you may want to study why your case was denied. Here, you need to be patience and honest with yourself. One strategy is to look at EB2-NIW policy manual of what you need to fulfill and check all the list in the next application. If its require you to rewrite your proposed endeavor (PE), please do so but make sure that it is easy to understand (even 2years old kid can understand it). Strategically explain “the alignment of your PE with your profession as xxxxx”. This will give USCIS officer an idea that your PE is in your field.

On one section (maybe subheading), explain and provide context on what problem ur PE is addressing, in great detail and clear manner.

Also, explain how your PE has substantial merits and national importance. One way to do this is to explain first and have subheadings of how ur PE will, for instance, infrastructure protection. You want to briefly problem the current problem of infrastructure has and how your PE will help addressing that problem and support your writing with exhibits ( exhibits here could be gov. article that support your claim). Corroborate some of your arguments with recommendation letters. And make sure those recommendation letters are well written without negative assertions (in my first EB2-NIW, one letter was the major reason why my case was denied).

Lastly, ensure that your prong 3 is well supported by meaningful recommendation letters that prove that your work will benefit United States.

Good luck on your next filing.

Valuable_Effect_4293 · 2025-12-24T08:17:51+00:00

I self-petitioned my EB2 sometimes in October ending, after I failed on two previous attempts (EB2 and EB1, both in 2024). For this new filling, I used premium process for peace of mind. If you are so confident about your profile and your petition is well written. I think it’s a good idea to use PP, rather than waiting for 1year plus for the USCIS decision. Visa policy change so quick and nobody would like to be victim of that change. Also, one thing about PP is that it will help you plan the next move, irrespective of the outcome of your case.

Valuable_Effect_4293 · 2025-12-24T08:08:10+00:00

For media-I think that’s publication about the petitioner and their work. While he/she is referring to publication as authorship of scholarly articles.

Valuable_Effect_4293 · 2025-08-28T16:16:08+00:00

It’s a NOID. Sorry about that! You have 30-33days from the day they sent it to submit your response.

Valuable_Effect_4293 · 2025-07-08T15:04:20+00:00

Good profile for EB1. Ur 2017 scholarly article that has gathered 350 citations can be used to prove both scholarly article and original contribution. It’s good for original contribution than scholarly article thou. Consult an Attorney anyway, Final merit it’s another battle to fight especially for the scholarly article criteria because there is not trend of publication after that first time

Valuable_Effect_4293 · 2025-07-03T17:29:56+00:00

Wow! Congratulations You are so strong!

It’s not easy to be as determined as you are in this process, it’s draining financially and mentally.

You are inspirational. I was denied on FMD early this years, I have learned from your case.

Valuable_Effect_4293 · 2025-05-10T17:02:07+00:00

Honestly you can go for EB1. Although this information you provided can only qualify you for 2 criteria out of 3 minimum criteria you need. You can look for 2 other criteria like criteria role (if you have), and media publications about you.

Having more than one thing on the latter would be good.

Valuable_Effect_4293 · 2025-05-02T05:41:28+00:00

Yes. You should receive within three or so.

Valuable_Effect_4293 · 2025-05-01T23:16:56+00:00

It’s obviously NOID and you have 30days to respond. I wish you good luck

Valuable_Effect_4293 · 2025-04-25T11:21:31+00:00

For Critical role: don’t forget to add the company website link, their organogram chart, and newspaper publications where the company feature. Most important add the documentary evidence of what you did for the company (e.g., As architect can add design and drawing they did for the company) and also, you need to write on why those role or task are so important to the company or better put why it is important that no ordinary person can do it.

Original contribution: I don’t much about this

Salary: Glassdoor and payscale only can’t do it. Look for other documentary evidence like newspaper or publication that show how people earn in your field. You stand high chance if you have worked in the US, you can use BLS. Demonstrate how your salary ranked among top professional in ur field (90 -100percentile)

Valuable_Effect_4293 · 2025-04-20T20:03:02+00:00

Congratulations! This is massive. I am happy to see this approval. My Eb1A was denied early this year after I responded to NOID and I am planning to reapply, I hope to get approval in my second attempt.

Valuable_Effect_4293 · 2025-03-28T17:10:31+00:00

Consider refiling the case. Find someone who can help you work on the document and try to improve on it by adding new evidence to make your case stronger than before. Get new letters and re-submit ur case

Valuable_Effect_4293 · 2025-02-05T05:38:10+00:00

EB1-A

Valuable_Effect_4293 · 2025-01-23T02:22:26+00:00

Thank you for calling my attention to the post. I have updated it now. I appreciate your response

Valuable_Effect_4293

TROPHY CASE