INDUS PACIFIC LAW OFFICE OF HAMAD ALI.

EB2 Visa (NIW), RFE & NOID.

Understanding the EB-2 National Interest Waiver (NIW): RFE & NOID Response:

The EB-2 National Interest Waiver (NIW) is a powerful pathway to a U.S. green card for individuals with advanced degrees or exceptional ability in the sciences, arts, or business—without requiring a job offer or labor certification. However, the USCIS often issues Requests for Evidence (RFE) or Notices of Intent to Deny (NOID), making it critical to understand both the eligibility criteria and how to effectively respond to these notices.

Legal Framework

The EB-2 NIW is based on the Immigration and Nationality Act (INA) § 203(b)(2)(B)(i) and codified in:

“8 U.S.C. § 1153(b)(2)(B)(i) “The Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirement of a job offer…”

This statutory provision allows qualified individuals to self-petition for a green card if their proposed work benefits the United States to a degree that outweighs the normal labor certification process.

Who Qualifies for an EB-2 NIW?

To be eligible, the applicant must meet two main requirements:

  1. EB-2 Criteria:
    • Hold an advanced degree (master’s or higher), OR
    • Demonstrate exceptional ability in a field related to the national interest.
  2. NIW Criteria (Matter of Dhanasar standard):
    As per the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), the petitioner must show:
    • The proposed endeavor has substantial merit and national importance.
    • The applicant is well-positioned to advance the proposed endeavor.
    • On balance, it would benefit the U.S. to waive the job offer and labor certification requirements.

What Is an RFE or NOID?

  • RFE (Request for Evidence): USCIS issues an RFE when more documentation is needed to decide your case.
  • NOID (Notice of Intent to Deny): A NOID is more serious and indicates USCIS intends to deny the petition unless compelling evidence is provided in response.

Both are time-sensitive and require precise legal and factual rebuttals.

Common RFE/NOID Triggers for NIW

  • Lack of evidence that the endeavor has national importance.
  • Insufficient proof that the petitioner is well-positioned to advance their work.
  • Questionable claims of exceptional ability or unconvincing credentials.
  • Failure to clearly connect the work to the U.S. national interest (especially in areas like healthcare, AI, climate science, etc.).

How to Respond to an RFE or NOID

  1. Address All Points Thoroughly
    Carefully review the language of the RFE/NOID. Each issue raised must be individually addressed with documentary evidence and legal arguments.
  2. Reinforce National Importance
    Use national data, endorsements from reputable institutions, government reports, or expert letters to show your work aligns with U.S. strategic priorities.
  3. Bolster Your Qualifications
    Submit publications, patents, awards, funding records, media features, or leadership roles to strengthen claims of exceptional ability and relevance.
  4. Use Professional Letters Strategically
    Expert opinion letters should be objective, detailed, and from unaffiliated U.S. experts, if possible.
  5. Cite Legal Precedents
    Refer to Matter of Dhanasar and prior AAO decisions that align with your case facts.
  6. Work with Legal Counsel
    Timely, well-organized responses from experienced attorneys can substantially improve approval chances and minimize costly delays.

Timeline and Consequences

  • RFE/NOID responses must be submitted by the deadline listed—usually 87 days for RFEs and 33 days for NOIDs.
  • Failure to respond results in an automatic denial.
  • Even if denied, applicants may appeal or refile with improved evidence.

Final Thoughts

The EB-2 NIW offers flexibility and independence for highly skilled professionals whose work can impact U.S. public welfare, the economy, or security. However, RFEs and NOIDs require a clear, well-supported response strategy backed by law and evidence.

Have you received an RFE or NOID on your NIW petition? Contact Law Office today for a case review and tailored guidance on crafting a winning response.

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