Hi all,

Longtime lurker, though not a first-time poster in this subreddit :p. I wanted to share my profile and RFE experience in case it helps anyone, especially those who have received an RFE challenging all three NIW prongs. I borrowed the layout from another approval post because I found it very helpful! :p

Priority date: December 11, 2025

RFE received: March 17, 2026 (was upgraded to PP on February 27, 2026)

RFE response received by USCIS: June 10, 2026

I-140 approved: June 17, 2026—five business days after USCIS received the RFE response

Category: EB-2 NIW

Petition type: Self-petition

Attorney: Chen Immigration

Current visa status: F-1 (PhD candidate)

Citation at the time of filing: 70

Citation at the time of approval: 104

Country: 75 Countries, RoW

Attorney and Filing Process

My original petition and RFE response were prepared with the help of Chen Immigration.

In the original petition, USCIS accepted that I qualified for the underlying EB-2 classification based on my advanced degree. However, the officer was not convinced that I met any of the three requirements for a National Interest Waiver.

The RFE challenged:

1. Whether my proposed endeavor had substantial merit and national importance
2. Whether I was well positioned to advance the proposed endeavor
3. Whether, on balance, it would benefit the United States to waive the job-offer and labor-certification requirements

RFE

The officer questioned whether my proposed endeavor was sufficiently clear, whether its potential impact rose to the level of national importance, and whether my previous accomplishments demonstrated that I was well positioned to carry it forward.

The response therefore focused on explaining more clearly:

• What my proposed endeavor specifically involved
• Why the endeavor had substantial merit
• Why its impact extended beyond my university or a single employer
• Why the endeavor was nationally important to the United States
• How my previous research demonstrated progress toward the endeavor
• Why I was well positioned to continue the work
• Why waiving the job-offer and labor-certification requirements would benefit the United States

Academic Background

Highest degree: Currently pursuing a PhD in Electrical and Computer Engineering

Institution: R1 university in the US

Current occupation: Graduate Research Assistant

My research focuses on developing intelligent and efficient technologies for future communication networks, including:

• AI and ML for wireless networks
• 5G and future 6G communication systems
• O-RAN
• Satellite-terrestrial integrated networks
• Intelligent network orchestration and automation

Proposed Endeavor

My proposed endeavor centered on developing AI-enabled methods to improve the efficiency, reliability, scalability, resilience, and automation of next-generation communication infrastructure in the United States.

A major focus of the RFE response was distinguishing the importance of this specific endeavor from the general importance of AI, wireless communications, or 6G research.

We argued that the potential impact of the endeavor extended beyond one university, laboratory, professor, employer, or research project. The work could benefit the broader U.S. telecommunications ecosystem, academic research community, technology industry, and government-supported research initiatives.

Prong 1: Substantial Merit and National Importance

The officer challenged both the substantial merit and national importance of my proposed endeavor.

For the RFE response, we explained in greater detail how my research could contribute to:

• Advanced U.S. telecommunications infrastructure
• More efficient use of network, computing, and energy resources
• Improved reliability and resilience of communication systems
• Development of 5G, O-RAN, and future 6G technologies
• AI-enabled network automation
• U.S. competitiveness in advanced communications
• Research and innovation in nationally important technologies

The response also included an independent recommendation letter from a professor at a U.S. university explaining why my research and proposed endeavor were nationally important.

We supported the arguments with governmental and federal-agency materials discussing U.S. priorities in artificial intelligence, advanced communications, next-generation networks, and related technologies.

Prong 2: Well Positioned to Advance the Endeavor

The officer also challenged whether I was well positioned to carry out the proposed endeavor.

For this prong, the RFE response relied on evidence of my:

• Academic qualifications
• Research experience
• Peer-reviewed publications
• Citation record
• Independent citations to my work
• Technical contributions
• Ongoing research
• Participation in research projects
• Work connected to federally funded research
• Conference presentations and professional activities
• Recommendation letters
• Continued progress in the proposed research area
• Plans to continue the endeavor in the United States

The response included:

• One independent letter from a researcher who had cited my work
• One independent letter from a U.S. university professor
• One dependent letter from a research collaborator

Rather than relying only on publication and citation numbers, the response explained what my research contributions were, why they mattered, and how they demonstrated my ability to continue advancing the proposed endeavor.

Updated evidence was also submitted to show continued progress after the initial filing.

Prong 3: Benefit of Waiving the Job Offer and Labor Certification

Because the officer was not satisfied that I met the first and second prongs, the third prong was also challenged.

The response argued that my proposed research was not limited to the needs of one employer or one permanent position. My work has the potential to benefit:

• U.S. universities and research institutions
• Government-funded research programs
• Telecommunications and networking industries
• Developers of 5G, O-RAN, and 6G technologies
• The broader scientific and engineering community
• Multiple organizations working on intelligent communication systems

The response explained that the traditional labor-certification process is primarily designed for a specific position with a specific employer.

In contrast, my proposed endeavor is research-oriented and could be advanced through different universities, research groups, collaborations, government-supported projects, and technology organizations.

Therefore, we argued that allowing me to continue the endeavor without being restricted to one specific permanent job offer would provide broader benefits to the United States.

Evidence Added or Strengthened in the RFE Response

The response included a combination of updated evidence and expanded explanations, including:

• A more clearly defined proposed endeavor
• Additional explanation of the substantial merit of the work
• Stronger arguments regarding national importance
• Updated publication and citation evidence
• Evidence of continued research progress
• Further explanation of my technical contributions
• Evidence related to federally funded research
• Governmental documents regarding U.S. priorities in AI and advanced communications
• Explanations connecting my work to 5G, O-RAN, and future 6G development
• Additional discussion of my qualifications and research record
• Recommendation letters addressing different aspects of the endeavor
• Arguments explaining why granting the waiver would benefit the United States
• A point-by-point response to the concerns raised in the RFE

Approval

USCIS received the RFE response on June 10, 2026, and approved my I-140 petition on June 17, 2026—only five business days later.

What I Learned

I’ll echo what many others have said: your proposed endeavor is one of the most important parts of an NIW petition.

It is not enough to show that your general field is important or that you have publications, citations, and research experience. You must clearly explain:

• What you specifically plan to do
• Why that specific work is important to the United States
• What broader implications it may have
• Why your previous record shows that you are capable of advancing it
• Why allowing you to pursue the endeavor without being tied to one permanent job offer would benefit the United States

The strength of a profile alone may not be enough if the petition does not clearly connect the evidence to the three NIW prongs.

An RFE on all three prongs is frightening, but it is not the same as a denial. A focused, well-organized, and evidence-based response can still lead to approval.

I hope this post helps anyone currently preparing an NIW petition or responding to an RFE. Feel free to ask questions in the comments or DM me.

Best wishes to everyone currently preparing a petition or waiting for a decision!

Please avoid her for her services, she is a paralegal and she only responds faster until you pay her the money after which she is gone and never responds people.. and when you ask her refund she would point out for non-refund policy that you have signed with her.. and she would take forever to work on your petitions.

I don’t understand if people can’t work on their petitions why take work then?

Any EB2 NIW AoS approval this week? 😓I don’t see much posts about EB2 AoS approval. I don’t understand either people are not getting approval for this category or people aren’t posting much about their approval.

Hi everyone,
Our employment-based(EB-2) I-485 priority date is January 2024. We completed biometrics in October 2025, but there has been no meaningful movement since then.
USCIS confirmed that our case has been at the Cincinnati Field Office since April 29, 2026. We have not received an RFE, interview notice, or decision.
We are now at risk of losing an important job offer because the position requires permanent resident status due to export-control rules. An EAD is not sufficient for this specific job.
Has anyone had a similar experience with the Cincinnati Field Office? How long did your case take after arriving there? Would you recommend a congressional inquiry, expedite request, Tier 2 callback, or another action?
Any advice or recent Cincinnati timelines would be greatly appreciated.

I've learned a lot from this subreddit over the past few months, and I'm hoping to get some advice before we finalize my RFE response. I'm intentionally leaving out identifying details.

Filed: April 2025

Premium Processing: Upgraded in May 2026

RFE Received: July 2026

RFE Response Due: October 2026

Service Center: Texas Service Center (TSC)

Officer: XM1910

Visa Status: H-1B

Country of Birth: ROW

Background

I have a PhD in Immunology from a U.S. university, along with an M.Phil. and M.Sc. in Biotechnology. Before joining industry, I spent several years in academic immunology research.

I currently work as a Senior Scientist at a large pharmaceutical company in commercial CAR-T cell therapy manufacturing and quality.

Profile

• PhD in Immunology
• MSc + MPhil in Biotechnology
• 200+ Google Scholar citations
• Nearly 30 completed peer reviews for immunology journals
• Multiple peer-reviewed publications
• Academic fellowships and travel awards
• Subject Matter Expert in T-cell biology and flow cytometry
• Experience supporting FDA-approved CAR-T products as well as investigational programs

Current responsibilities

My work includes:

• Analytical method improvements
• Technology transfer
• Change Control
• Failure Mode and Effects Analysis (FMEA)
• Root Cause Analysis
• Critical reagent qualification
• Commercial drug product testing and release support
• Flow cytometry
• Process improvements
• Training and mentoring scientists
• Supporting commercial CAR-T manufacturing

Original filing

The petition included:

• 4 recommendation letters (1 independent and 3 dependent)
• Publication and citation evidence
• Peer review evidence
• CV and supporting documentation

USCIS findings

USCIS agreed that:

• I qualify as an advanced degree professional.
• My proposed endeavor has substantial merit.

However, they found that I did not establish:

Prong 1 – National Importance

They stated that while my work is valuable, the evidence did not sufficiently demonstrate that my specific endeavor extends beyond my employer or its clients to broadly impact the field or the United States.

Prong 2 – Well Positioned

They acknowledged my education, publications, and experience, but stated that publications and performing research alone do not establish that I am well positioned. They noted a lack of stronger objective evidence such as broader industry influence, patents, grants, significant citation impact, government interest, or similar evidence.

Prong 3 – On Balance

They concluded that I had not shown why waiving the labor certification requirement would benefit the United States enough to justify a National Interest Waiver.

Current strategy

For the RFE response we're planning to:

• Completely rewrite the proposed endeavor to focus on advancing analytical science, manufacturing robustness, quality systems, technology transfer, and commercialization of advanced cell therapies rather than simply describing my current job.

- add a five year implementation plan - Add several additional independent recommendation letters from recognized experts. - Obtain letters from company leadership describing my technical contributions, leadership, project ownership, and broader impact. - Include government evidence (FDA guidance, White House initiatives, ARPA-H, etc.) showing that cell therapy and advanced biomanufacturing are national priorities. - Include scientific literature explaining why improving CAR-T manufacturing, quality systems, analytical methods, and scalability is critical to expanding patient access.

Questions

1. Has anyone with an industry/manufacturing profile (rather than a traditional academic researcher) successfully responded to an RFE like this?

2. What evidence ultimately convinced USCIS that your work benefited the United States beyond your employer?

3. How important were independent recommendation letters compared to employer letters?

4. Did anyone use letters from current management or executives? If so, what did they focus on?

5. Has anyone had experience with Officer XM1910? If you're comfortable sharing, I'd appreciate hearing about your outcome and what you believe made the difference.

6. Is there anything else you would recommend adding to strengthen the response?

Thanks in advance. This process has been much more challenging than I expected, and I'd really appreciate hearing from anyone who has been through something similar or has ideas that could help strengthen the response.

Hi everyone. I just received my RFE, and honestly, we can't afford to hire lawyers. We're going to try to respond to it ourselves.

I haven't received the physical RFE yet, but I was wondering if anyone has any tips or advice that could help us have a better chance of success.

Has anyone here used AI to help prepare their RFE response? I don't mean letting AI write the whole thing, but using it to review the response, check the grammar, make sure everything is clear, and verify that it all makes sense.

I think I might be able to use the evidence I already submitted, but explain it in more detail or put more emphasis on it. I'm not sure, though. What has your experience been?

I-765 approved as I-485 pending

PD is March 29 2024

RD October 1 2025,

Biometrics October 28 2025.

My FAD became current January 1 2026.

Silent updates Jan 16, Jan 23 and Feb 3.

Case transferred to NY field office Feb 3

Interview waived

Case moved back to NBC Feb 17 2026

FTA0 for my wife and son Feb 19 2026

FTA1 for me March 23 2026

Silent update no code for my wife and son March 24 2026

FTA1 for my wife and son March 31 2026. No code silent update same day for me.

On March 31 2026 it transferred from NBC to Newark FO.

Silent update April 27 2026
Another silent update May 12 2026 (Transfer Newark FO to NBC)
Silent update May 13 2026 (Priority date completed).
Silent update June 2 2026 (Derivative cases also moved from Newark FO to NBC)

FTA1 on July 21 2026 USCIS said my task ownership changed.

Another no code silent update July 21.

Another No code silent update July 22

I-765 approved April 1 2026

I-485 pending.

What month is NSC currently processing? We, regular processing folks, have been sent to the prison of unending wait.

I had EB2 NIW application done by my company almost 2 years ago and it has been under processing so far. However I got an email from my company's lawyer saying they have received an RFE but the USCIS case status still says 'Processing'
They are suggesting withdrawing the case since they are seeing a sharp rise in denials even after providing robust evidence in RFE and focusing completely on PERM.
This whole situation does not make sense to me, any advice is helpful.

Hi everyone,

I’m looking to hear from anyone with an EB-2 NIW case who received an RFE, submitted their RFE response, and then had a timeline similar to this:
RFE Response Received by USCIS → Waited 20–30+ business days (or longer) → Status changed to “Case Is Still Being Processed” → Eventually Approved

If you experienced something similar and were eventually approved, could you please share your timeline, especially how many business days passed after USCIS received your RFE response before the “still being processed” status appeared, and how long after that you received your approval?

I’m particularly interested in EB-2 NIW RFE cases, especially those with premium processing.

Thank you! Your experiences would be greatly appreciated

Some people say the delivered date,

Some people say the USCIS received date.

I can see few cases, like even though petitioner submitted RFE on time, there was no update over sever al days or month, then changed to "received or processing".

The later case, biz clock starts one month later?

Then, since RFE delivered date, it sounds like it could be extended longer than 45 or 60 or 90 biz days.

Is it really accepted ..? It doesn't look like PP can ensure the results within 45 biz day..

Is there anyone who knows this?

Hi everyone,

I contacted Frank and Delaney a few days ago about i 140. He's willing to take my case. I have a meeting with him within a few days before I retain him or any other lawyer. He's asking 6000 USD and is willing to reduce it a bit.

In his email, he didn't mention whether his fee includes an RFE. Is it included in the attorney's fee?
Does anyone want to share insight about working with him?
Thank you

Anyone else having this issue on USCIS account?

Hi,

I have an approved EB2 NIW I-140, and the date is current. Currently, I am doing a postdoc under STEM OPT. I am thinking of switching to a Startup company (similar research-based position).

I am planning to submit my I-485 with the postdoc appointment information (salary statement, employment statement, etc).

Would it impact my approval chance?

Got my EAD+ travel approved without any change or interview for I-485. Approved 140. I'm super confused and concerned because everyone seems to get interviews first then approval of EAD.

I’m filing Form I-485 (EB-2 NIW derivative) this week. I have a pending traffic citation in Georgia for a child restraint violation (case still open). Should I answer “Yes” to Question 22 in Part 8, and is it okay to file before the traffic case is resolved?

I have an approved EB2-NIW.

75 COC, single filler

I485 RD: 05/03/2026.

Biomterics (06/25/2026).

2 x FTA0 and 3 SU. Last one 07/19/26.

I asked Emma today said Case Transferred to Nashville FO (Local for me), but no action required so far.

Is it necessary to have interview if the FO is local or still can be waived. I’ve heard Nashville is fast for marriage based any thought on Employement based.

Thank you!

Applied on June 8th.

Biometrics July 21st.

I-140 PD is June 2024. I know it's too early to get an approval. But how are we doing? Does anyone have any update on EAD? Can I expect an approval in September/October? Just want to know your thoughts.

Hello, I received RFE on my 43rd business day! Sorry for the long read!

My original proposed endeavor was to use advanced bioinformatics and population genomics to investigate antibiotic resistance and virulence in bacterial pathogens. I wanted to pursue a postdoctoral position, but despite applying for relevant roles, I was unable to secure a funded position due to widespread laboratory funding limitations; however, my petition stated that this endeavor was my broader career goal and was not tied to any single employer.

USCIS accepted my advanced degree eligibility and the substantial merit of my work but questioned its national importance, whether I am well positioned to continue it, and whether waiving the job offer requirement would benefit the United States.

Since filing, I have accepted a position with a medical communication company. The role involves working with pharmaceutical companies on real world evidence, health economics and outcomes research, value and access, and evaluating the clinical and economic value of medicines. This position is still within biomedical and pharmaceutical evidence generation, but it is not directly focused on bacterial population genomics or antimicrobial resistance. I accepted it because I could not find a funded postdoctoral position.

I had some questions:

• Could accepting this industry position seriously harm my NIW RFE response because it is not directly within the original proposed endeavor?
• Is it appropriate to explain that I genuinely pursued postdoctoral positions but accepted industry employment because of current funding limitations?
• Should I state that I plan to return to a research position in my original field when funding becomes available, or would that sound too uncertain?
• Has anyone received approval after changing from academic research to a industry role during an RFE?

My lawyer is Chen, I am discussing everything with them but I also wanted to find if anyone has personal experiences regarding this.

TLDR: I received an NIW RFE on my 43rd business day. USCIS accepted my advanced degree eligibility and the substantial merit of my proposed antimicrobial resistance research but questioned national importance, whether I am well positioned, and the balancing prong. Since filing, I accepted a related biomedical industry role because funded postdoctoral positions were unavailable, and I am wondering whether this job change could harm my case and whether others have had similar experiences.

My EB-2 NIW I-140 was approved. However, USCIS truncated the final letter of one of my names on both the receipt notice and the approval notice.

My full name follows this structure:

• Given name
• Father’s name
• Grandfather’s name
• Family name

My passport displays the full name on one line and does not separately label the given, middle, and family names.

My attorney previously told me that the truncation was caused by USCIS character limitations and that no correction was necessary. However, I am concerned about whether this could create problems when filing the I-485, I-765, and I-131.

For future filings, I am considering entering the names as:

• First name: my given name
• Middle name: father’s name and grandfather’s name
• Last name: family name

Previously, the given name, father’s name, and grandfather’s name were all entered in the first-name field, which may be why the last letter was cut off.

Has anyone had a similar issue? Did you continue using the same format as the approved I-140, or did you move the father’s and grandfather’s names into the middle-name field for the I-485? Did the truncation cause any issues later?

I am in process of refiling i-140 due to a denial last year! I recently got Sigma-Xi membership, and has been accepted as a peer reviewer in a journal (no reviews done yet). Is it worth adding them into the petition or should I just streamline the previous petition for a better outcome. What is the key point in refiling, just in case I am missing anything.

FYI- Officer accepted the well-positioned, but denied based on national importance, and labor waiver. Currently on H1-B, four publications, two first authors, 90 odd citations, PhD in Chemistry, PE is leveraging asymmetric catalysis for drug discovery.

I was just given USCIS ACCESS PORTAL CODE.
I missed ETA FORMS.

Can I upload it online even they have not issued RFE YET?

OR should I wait for the RFE??

Hi r/EB2_NIW,

I’m researching self-petition options and wanted to hear from anyone who has filed in Global Sustainability, Sustainable Business, Climate Risk/Resilience, Environmental Management, or closely related fields.

Specifically curious about:
• Recent approvals (2025–2026) with Master’s-level or early/mid-career professional backgrounds (limited publications, project-based experience in outreach, assessments, feasibility studies, stakeholder engagement, waste/resource efficiency, or communications).
• How you framed the proposed endeavor for national importance (e.g., infrastructure resilience, decarbonization pathways, food systems, coastal risk, etc.).
• Common RFEs or pitfalls in these areas.
• Any success stories or lessons from non-research / practitioner-focused profiles.

Would greatly appreciate any timelines, evidence strategies that worked (LoRs, policy references, etc.), lawyer experiences, or general outcomes. Even partial info helps!

Thanks in advance!

I'm wondering if anyone here has experienced something similar.

I filed my I-140 in May 2025 and upgraded to Premium Processing in March 2026. I received an RFE dated April 23 with a deadline of July 19. Since July 19 was a Sunday, I assumed the practical deadline would be July 20 because USCIS generally accepts the next business day when a deadline falls on a weekend. I sent my RFE response before the deadline. According to FedEx, it was delivered and signed for by USCIS on the morning of July 16. However, my case status never changed to Request For Evidence Was Received.

Instead, on July 20, the status changed to Case Denied. I haven't received the denial notice yet, so I'm not sure if USCIS didn't receive my RFE response or if something else happened.

Has anyone experienced this before?

- Did your case ever update from Case Denied to RFE Response Received or Case Is Being Reviewed afterward?

-If I have to file an I-290B (Motion to Reopen/Reconsider), does Premium Processing no longer apply, meaning I'd have to wait the normal processing time?

Any advice or similar experiences would be greatly appreciated.