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Case study · EB-2 NIW · RFE

EB-2 NIW RFE that asked only for degree and experience evidence, with the NIW merits not in question

A fast, avoidable RFE. The officer found the endeavor met Dhanasar but asked for proof of the degree itself.

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EB-2 NIWRFE
Source
Adjudicator notice (de-identified)
Timeline
Premium processing, response due October 2023
Key lesson

Check that every degree and transcript cited in the cover letter is actually in the exhibit set.

Profile

Engineer with a bachelor's degree from a foreign university and a US master's degree, claimed as an advanced-degree professional.

What was claimed

  • Advanced degree (US master's, or bachelor's plus five years of progressive experience)
  • National interest waiver under the three Dhanasar prongs

What happened

Counsel cited exhibits that supposedly showed the degrees, but the officer found no evidence of the bachelor's or the US master's.

The officer also asked for five years of progressive post-baccalaureate experience letters, a detailed credential evaluation for foreign education, and evidence the foreign institution was accredited when the degree was issued.

Experience letters had to be on letterhead with the writer's name, address and title, start and end dates, full- or part-time status, position title and a description of duties.

On the merits, the officer stated that the evidence established substantial merit and national importance, that the applicant was well positioned, and that waiving the job offer was beneficial.

Lessons for evaluating your own case

Every notice is a list of what to fix. Use these as a checklist for your own evidence.

  • Check that every degree and transcript cited in the cover letter is actually in the exhibit set.
  • Foreign education needs an evaluation, and the institution's accreditation at the time of the degree.
  • Experience letters need the full details the officer lists. Use a template.
  • Do the boring checks first. A strong endeavor does not rescue missing degree evidence.
Anonymized. Personal details, employers, receipt numbers, officer codes and law firms are removed. This is general information, not legal advice.

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