RFE (Request for Further Evidence) Response Strategies— Analysis of a NIW Approval after RFE Responded by Chen Immigration Law Associates

Client’s credentials: 2 peer review articles, 4 citations, several conference presentations

RFE received after 8 months filed by another attorney

RFE approved 8 days after RFE response filed by Chen Immigration Law Associates

This week, we at Chen Immigration Law Associates successfully helped a client have his NIW petition approved after responding to RFE (Request for Further Evidence). The approval is special in that we did not handle the case from the beginning but took the case after the RFE were issued.

Lately, because the USCIS has been issuing more RFEs, we have received extensive requests to help respond to RFE from clients who did not work with us from the very beginning. I therefore would like to take the chance to introduce how we at Chen Immigration Law Associates respond to RFE by sharing the experience and our strategies.

Responding to RFE from the middle is more difficult because we did not have the chance to help the clients enhance their credentials and their chances of approval from the very beginning. After taking a new case, we usually spend time discussing with clients regarding the candidates of their references, things they may do to enhance their credentials, the significance of their work and best strategies to argue their cases if their citation history is moderate. When these things are properly done, most of our clients have their NIW petitions approved regardless of their moderate citation record.

The client received RFE, primarily because his impact on his fields was challenged by the immigration officer. Most of NIW petitions receive RFE because of this very reason.

The client is an engineer with 4 citations and 2 peer-review articles. He has master’s degree and did not have any paper review experience or award. The client represents a typical NIW petitioner from the industry. This kind of NIW petitioners have extensive industry experience, are employed by prestigious companies, are equipped with extensive knowledge and experience regarding their expertise but have few publications or citations.

After carefully reviewing the client’s credentials and the RFE letter, we figured out the best strategy would be arguing that the models he invented are impactful and therefore he has influence in his field. First of all, we narrowed the client’s field to be more specific so that it is easier to argue he has distinguished himself from his peers and he has unique and innovative skills. The models the client invented, in fact, have not been implemented so we did not actually have “objective evidence” to submit to the USCIS. We therefore drafted 10 more whiteness letters for the client. These letters are not long recommendation letters but short statements confirming that the client’s models have been applied to these witnesses’ and various researchers’ work. We also highlighted the importance of these models and their relation to the national interests. Most important of all, we cited various AAO (Administrative Appeal Office) cases to illustrate that the AAO has consistently approved NIW petitions with few or even no citations for various reasons and compared the client’s credentials with some of the petitioners’ credentials in these AAO decisions. We argued that therefore, the fact that the client did not have large number of citations should not bar him from the immigration benefit but his credentials, according to these AAO decisions, justified the waiver of labor certification.

In the RFE response letter, we answered all the challenges raised by the immigration officer, one after another and also argued the justification of waiver by citing the NYSDOT precedent. The USCIS approved the client’s petition roughly a week after our response.

Receiving an RFE letter can be frustrating and stressful but with good strategy and well-presented RFE response letter, it is not difficult to have NIW petition approved after an RFE. If you just received an RFE, don’t hesitate to contact us for a free evaluation. Please email us your resume, original petition letter and the RFE letter to: law@wegreened.com

from Chen Immigration Law Associates

North America Immigration Law Group (Chen Immigration Law Associates) is a U.S. immigration law firm dedicated to representing corporations, research institutions, and individuals from all 50 U.S. states regarding I-140 immigration petitions. We specialize in employment-based immigration petition and have a proven record of high success rate for the categories of: EB2-NIW (National Interest Waiver), EB1-A (Alien of Extraordinary Ability), EB1-B (Outstanding Researcher/Professor) and O-1 (Alien of Extraordinary Ability).

Our Ten Thousand I-140 Approvals Provide Unprecedented Insight into the USCIS Adjudication Trend

With more than 47,000 EB-1A, EB-1B, EB-2 NIW and O-1 cases approved, we have first hand information on the manner in which the USCIS adjudicate I-140 cases. As the USCIS has constantly changed its adjudication standards for the EB-1A, EB-1B and EB-2 NIW categories, our firm's huge database of successful cases gives you unprecedented insight to USCIS adjudication trends. We carefully analyze the data for all of our cases and apply the results of our analyses toward giving our clients up-to-date advice and adapting our strategies such that we remain on par with the ever-shifting landscape of immigration law in the U.S. With us, you will always have access to important updates, strategies, and information so that you can make the most informed decisions about your case.

We Have Helped Hundreds and Thousands of Clients with Credentials and Backgrounds Similar to Yours

With our exceedingly large number of successful petitions, no matter what credentials you have, no matter your background and field of expertise, no matter your visa status or nationality, chances are we have helped hundreds or even thousands of clients just like you. Our clients are usually impressed with how well we understand their research and work. Our insight and understanding stems from the fact that we have handled many cases with elements similar to yours already, and this helps us devise the best strategies for each individual petition.

Vast Majority of Clients Came to Us Because of Referrals

For years, our firm has attracted new clients based solely on word of mouth, recommendations, and the positive collaboration experiences shared with them by their friends and family. We take pride in our reputation and work hard to ensure that we provide a green card application experience that our clients are happy to share with their friends and colleagues. That is how our approved cases grew from 600 in 2013 to over 47,000 in 2023.