An EB-2 National Interest Waiver applicant has hit a confusing I-140 roadblock. You see this because two applicants received the same Request for Evidence from the same officer. The RFEs arrived at the exact same stage.
Identical RFEs raise serious questions
Both applicants received the RFE on the 45th day of processing. The wording matched exactly. Even the typographical errors were the same. This has raised doubts about how these RFEs are being issued.
Experts point to template-based scrutiny
Immigration experts say this strongly suggests the use of generic templates. These RFEs appear designed to reset processing clocks. You are seeing a pattern rather than an issue unique to one petition.
RFEs target Prongs 1 and 3
The RFE questioned Prongs 1 and 3 of the three-pronged NIW test. These prongs assess the merit of your work and whether waiving the PERM labour certification benefits the US.
Officer accepts one key prong
The officer accepted the substantial importance of the applicant’s work. However, they rejected the argument that the work holds national importance. This distinction has become a frequent sticking point in NIW cases.
Mixed outcomes despite positive signs
Experts say acceptance of Prong 2 is a strong signal. Still, one applicant with the same outcome faced rejection. This shows how unpredictable NIW decisions remain.
Discretion dominates the NIW process
NIW approvals depend entirely on the reviewing officer at the USCIS. The growing use of templates has worried applicants and legal experts alike.
Increased scrutiny across EB-2 NIW cases
This pattern suggests USCIS is closely examining every EB-2 NIW petition. Officers appear prepared to challenge most cases using pre-drafted RFEs, regardless of individual merit.
Strong response now becomes critical
You must now clearly prove the merit and national importance of your work. Experts strongly advise hiring an experienced immigration lawyer to respond to the RFE with solid, well-documented evidence.
