A request for evidence (RFE) is a USCIS letter saying the record does not yet prove a point and asking for more. In a national interest waiver (NIW) case, in our reading, most substantive RFEs trace back to one of four questions: EB-2 eligibility, then the three prongs of Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). USCIS says it addresses these "in the order USCIS follows when adjudicating" (USCIS, EB-2). Our explainer on Matter of Dhanasar covers the decision itself; this guide takes each question in turn: what the officer weighs, the gaps that follow, and how to close them before you file. It does not cite RFE statistics or quote "typical" RFE wording; everything below comes from Dhanasar, the Policy Manual and the regulations.
- USCIS checks EB-2 eligibility first and can deny without reaching the waiver at all
- Prong one is about the specific endeavour, not your job title or your employer's success
- Prong two is about you: record, plan, progress and outside interest, with corroboration
- Prong three is a balance; a national labor shortage alone does not satisfy it
- Since August 5, 2026, missing initial evidence can lead to denial without an RFE
- RFE responses are capped at 12 weeks, may be shorter, and cannot be extended
Why does filing complete matter more now?
Because the safety net is thinner. On August 5, 2026, USCIS issued Policy Alert PA-2026-05, restoring officers' "full discretion to deny such benefit requests without first issuing an RFE or NOID" when required initial evidence is missing (PA-2026-05). The Policy Manual now reads:
"If all required initial evidence is not submitted with the benefit request, or the evidence submitted is insufficient to demonstrate eligibility, USCIS may deny the benefit request without issuing an RFE or NOID." USCIS Policy Manual, Volume 1, Part E, Chapter 6, Section F.3
If an RFE does come, the clock is fixed by regulation:
"The request for evidence or notice of intent to deny will indicate the deadline for response, but in no case shall the maximum response period provided in a request for evidence exceed twelve weeks, nor shall the maximum response time provided in a notice of intent to deny exceed thirty days. Additional time to respond to a request for evidence or notice of intent to deny may not be granted." 8 CFR 103.2(b)(8)(iv)
PA-2026-05 also ended the practice of giving 12 weeks as standard: officers may set a shorter period, and the extra 14 days for mail sent abroad is gone; only the 3 days the regulations add for mailed notices remain (PA-2026-05). A partial response is treated "as a request for a final decision on the record" (USCIS Policy Manual, Volume 1, Part E, Chapter 6). And whatever you send must prove eligibility as of the filing date (8 CFR 103.2(b)(12)). Our guide to responding to an RFE covers the mechanics.
Threshold: are you eligible for EB-2?
What the officer weighs. The waiver only exists inside EB-2, so USCIS checks the category first:
"Because USCIS evaluates threshold eligibility for the EB-2 classification prior to addressing the national interest waiver eligibility, in cases where the person does not have the qualifications for the EB-2 classification, USCIS may request additional evidence or issue a Notice of Intent to Deny, as appropriate, or issue a denial without reaching the national interest waiver determination." USCIS Policy Manual, Volume 6, Part F, Chapter 5, Section D.1
For advanced degree professionals, there are three tests: the degree (or a bachelor's plus five years of progressive experience), the occupation, and the link between experience and specialty. On the occupation, the Manual says "A professional occupation is determined by the general requirements to enter the intended occupation, and not by the credentials of any one person seeking to work in that field." Post-bachelor's experience must come after the degree and relate either to the degree field or to the endeavour (USCIS, EB-2). For exceptional ability, you need three of six criteria, a final merits finding, and "It is the petitioner’s burden to demonstrate the connection between their exceptional ability and the proposed endeavor" (USCIS Policy Manual, Volume 6, Part F, Chapter 5).
The gaps that follow. A foreign degree with no credible equivalency evaluation. Experience letters that do not show dates, duties or progression. An endeavour whose underlying occupation does not normally require a bachelor's degree; the Manual's example is a person with a master's degree or Ph.D. in engineering who intends to start a bakery. Exceptional ability evidence that meets three criteria on paper but is unrelated to the endeavour.
How to strengthen it. Name the occupation and show its entry requirement. Use a credential evaluation that explains its reasoning, since USCIS says conclusory evaluations are not persuasive (USCIS Policy Manual, Volume 6, Part E, Chapter 9). Have employers state dates, hours and duties.
Prong one: substantial merit and national importance
What the officer weighs. Dhanasar says "The first prong, substantial merit and national importance, focuses on the specific endeavor that the foreign national proposes to undertake." Merit can come from areas such as business, entrepreneurialism, science, technology, culture, health or education, and economic impact "may be favorable but is not required." National importance looks at "potential prospective impact", not just geography (Matter of Dhanasar). The Policy Manual adds a limit that matters for employees:
"Benefits to a specific employer alone, even an employer with a national footprint, are not sufficiently relevant to the question of whether a person’s endeavor has national importance." USCIS Policy Manual, Volume 6, Part F, Chapter 5, Section D.3
The gaps that follow. The Manual's own examples show where records fall short: an endeavour described only as job duties; classroom teaching "without broader implications for a field or region"; working in "an occupation with a national shortage" alone; a software engineer "adapting their employer’s code for various clients"; and general claims about entrepreneurs creating jobs (USCIS Policy Manual, Volume 6, Part F, Chapter 5). Dhanasar itself found the petitioner's teaching plans failed this prong, because the record did not show he "would be engaged in activities that would impact the field of STEM education more broadly."
How to strengthen it. Describe specific projects, goals and direct impacts, in language a non-specialist can follow. Show broader implications with evidence: licensing interest, adoption by others, public health effects, government or industry reports on the problem you are addressing. Our guide to writing the proposed endeavour statement goes further.
Prong two: well positioned to advance the endeavour
What the officer weighs. The focus shifts from the work to you:
"To determine whether he or she is well positioned to advance the proposed endeavor, we consider factors including, but not limited to: the individual's education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals." Matter of Dhanasar, 26 I&N Dec. 884, 890 (AAO 2016)
You do not have to show the endeavour will more likely than not succeed, but the Manual adds: "However, unsubstantiated claims would not meet the petitioner’s burden of proof." On letters, it says they "may be persuasive when they are from experts in the person’s field who have first-hand knowledge of the person’s achievements, describe those achievements, provide specific examples of how the person is well positioned to advance the person’s endeavor, and are supported by other independent evidence." It also says "A degree in and of itself, however, is not a sufficient basis" for this prong (USCIS Policy Manual, Volume 6, Part F, Chapter 5).
The gaps that follow. A plan with no independent corroboration. Letters that praise in general terms without first-hand detail, or that are not backed by documents. A degree offered as the main proof. A record of success in something only loosely related to the endeavour.
How to strengthen it. Pair every claim with a document: citations, adoption of your work, contracts, grants, investment, patents with evidence of use. Choose letter writers who can describe specific work they saw, and attach the evidence they refer to. Our guide to the three prongs lists the evidence types the Manual names.
Prong three: on balance, a waiver benefits the United States
What the officer weighs. A balance between the value of your contribution and the protection the labor certification gives US workers:
"In performing this analysis, USCIS may evaluate factors such as: whether, in light of the nature of the foreign national's qualifications or proposed endeavor, it would be impractical either for the foreign national to secure a job offer or for the petitioner to obtain a labor certification; whether, even assuming that other qualified U.S. workers are available, the United States would still benefit from the foreign national's contributions; and whether the national interest in the foreign national's contributions is sufficiently urgent to warrant forgoing the labor certification process." Matter of Dhanasar, 26 I&N Dec. 884, 890 to 891 (AAO 2016)
Dhanasar adds that the factors, "taken together", must show the balance favours a waiver. The Manual names further considerations, such as considerable economic impact and job creation, and draws one firm line: "Note that evidence of a national labor shortage in the person’s occupation would not, by itself, satisfy this third prong" (USCIS Policy Manual, Volume 6, Part F, Chapter 5).
The gaps that follow. A petition that treats prong three as automatic once prongs one and two are met. An argument resting on a shortage in the occupation. Urgency asserted but not shown.
How to strengthen it. Address each Dhanasar factor that fits your case in its own section. If you rely on unique skills, explain why they are not easily articulated in a labor certification, which is the example Dhanasar gives. If you claim urgency, document the time-sensitive benefit. For STEM endeavours, the Manual's strong positive factor and government agency letters are covered in our post on the NIW guidance for STEM workers and founders.
What about discretion?
Even if all three prongs are met, the waiver is discretionary. Dhanasar says the petitioner "also must show that the foreign national otherwise merits a favorable exercise of discretion" (Matter of Dhanasar). In practice, that means a consistent, accurate record: dates, titles and claims that match across the petition, the forms and the supporting documents.
| Stage | What USCIS weighs | Gap that follows | Evidence that answers it |
|---|---|---|---|
| EB-2 eligibility | Degree or exceptional ability; occupation is a profession | Weak equivalency, vague experience letters, unrelated endeavour | Reasoned credential evaluation, detailed employer letters |
| Prong one | The specific endeavour's merit and prospective impact | Job duties, employer benefit only, shortage claims | Project description plus evidence of broader implications |
| Prong two | Record, plan, progress, outside interest | Uncorroborated plans, generic letters, degree alone | Citations, adoption, funding, contracts, first-hand letters |
| Prong three | Balance of benefit against labor certification | Assumed, or based on shortage alone | A reasoned argument on each relevant Dhanasar factor |
- Every EB-2 requirement has a document, not just a statement
- The endeavour is stated as specific projects and goals, separate from your job title
- Each national importance claim cites outside evidence, not only your own description
- Each letter is from someone with first-hand knowledge and is backed by attached evidence
- Prong three has its own section, addressing each relevant Dhanasar factor
- Dates, titles and names match across forms, CV, letters and exhibits
Where to start
Read your draft petition the way an officer would, in order: EB-2 first, then each prong, asking "where is the document that proves this sentence?" In practice, any sentence without one is a likely starting point for an RFE, or now a denial.
The free evaluation runs that kind of check on your record for EB-2 NIW and EB-1A, with no account and no card. Where evidence is thin, Frank finds real opportunities to build it, such as peer review, judging and speaking calls; Frank Starter is $49 a month with a 7-day free trial. Licensed attorneys at our independent partner firm prepare NIW petitions and RFE responses, with flat legal fees for an EB-2 NIW starting at $7,995 and USCIS fees separate. This is general information, not legal advice, and no outcome is promised.
Sources
All checked October 11, 2026.
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). The three prongs, the third-prong factors, discretion, and the teaching finding, quoted above.
- USCIS Policy Manual, Volume 6, Part F, Chapter 5. Threshold EB-2 analysis and the three prongs, quoted above.
- USCIS Policy Manual, Volume 1, Part E, Chapter 6. Denial without RFE, response times and partial responses, quoted above.
- USCIS Policy Alert PA-2026-05 (August 5, 2026), listed on Policy Manual Updates.
- eCFR, 8 CFR 103.2(b). Response limits and eligibility at filing, quoted above.
- USCIS, Employment-Based Immigration: Second Preference EB-2. NIW filing tips and the order of review.
- USCIS Policy Manual, Volume 6, Part E, Chapter 9. Credential evaluations.
Frequently asked questions
What does an NIW RFE usually ask for?
It asks for evidence on whichever question the record has not yet proved: EB-2 eligibility, or one of the three Dhanasar prongs. The regulation says the request will specify the type of evidence required and whether it is initial or additional evidence. We do not quote typical RFE wording, because we have no official source for it.
Can USCIS deny an NIW without sending an RFE?
Yes. Under Policy Alert PA-2026-05 of August 5, 2026, officers have discretion to deny a filing that lacks required initial evidence or does not establish eligibility without first issuing an RFE or a notice of intent to deny.
How long do I have to respond to an NIW RFE?
The regulation caps an RFE response period at 12 weeks and a notice of intent to deny at 30 days, and says no extra time may be granted. Since August 2026, officers may set a shorter RFE period, so read the deadline on the notice itself.
Is a national labor shortage enough for prong three?
No. The Policy Manual says evidence of a national labor shortage in your occupation would not, by itself, satisfy the third prong. You need to show why, on balance, waiving the labor certification benefits the United States.
Do I have to prove my endeavour will succeed?
No. Dhanasar does not require proof that the endeavour is more likely than not to succeed. You must still show, by a preponderance of the evidence, that you are well positioned to advance it, and unsupported claims do not meet that burden.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
