Getting a Request for Evidence on an EB2 National Interest Waiver petition feels like the beginning of the end. It isn't a decision — the case is paused, not lost. Here's how RFEs played out on cases tracked against USCIS.
Cases tracked against USCIS, not official USCIS statistics.
Recent RFEs, and what happened next
The newest RFE moves on tracked cases, newest first.
How long after you respond to an RFE
On a premium case, your response starts a fresh 45-business-day clock. Here's when 79 tracked premium cases got their decision, counted from the response:
Median ~38 business days; 77 of 79 landed inside the 45.
As of September 2026, 155 premium cases in the data sit paused on an open RFE, awaiting responses — the RFE typically landed around business day ~43 of the first 45-day window.
Measured across the whole journey instead — I-907 receipt to final decision — RFE’d premium cases run a median of ~125 business days (57 cases, decisions from roughly the past 6 weeks). More on the premium clock →
Which Dhanasar prongs RFEs target
From 143 tracked cases whose owners shared what their RFE challenged. 96 of them challenged all three prongs.
USCIS's first action, lately: decision or RFE?
On a premium case, USCIS promises an action within 45 business days — a decision, or an RFE. Here's how the 183 most recent first actions went, across premium cases tracked here from pending (first actions from roughly the past 6 weeks):
An RFE counts as USCIS's action within the 45 days. What changes is the timeline: your response hands USCIS a fresh window, covered below.
EB2-NIW approval after an RFE, by profile
Tracked cases that received a Request for Evidence and were then decided, with the decision read from USCIS between Jul 2026 and Sep 2026: 26 approved and 62 denied. Only cases shared while still pending count here, so an outcome can't be picked for how it turned out. 263 more tracked RFE cases are still waiting on a decision, so this split will keep moving as they land.
| Profile | Decided after an RFE | Approved | Denied |
|---|---|---|---|
| Research | 35 | 14 | 21 |
| Industry | 35 | 8 | 27 |
| Bit of both | 18 | 4 | 14 |
Every tracked decision, with and without an RFE, is on the EB2-NIW approval rate page →
RFEs land unevenly across fields
Same measure as above, split by field. Field-level counts need more history than the recent window holds, so this chart runs over every tracked first action to date — 251 of them, versus the 183 recent ones above.
The remaining 16 first actions are spread across fields with fewer than 8 each — too few to read as a share.
What an EB2-NIW RFE is
A Request for Evidence is USCIS asking for more documentation before it decides — not a rejection. On the public case status it reads "Request for Additional Evidence Was Sent". The officer sees a gap and pauses the case to let you fill it. For a National Interest Waiver, RFEs almost always circle the three Matter of Dhanasar prongs your petition has to satisfy:
Merit & national importance
Is the proposed endeavor of substantial merit and national importance? RFEs here ask for evidence the work matters beyond your employer.
Well positioned to advance it
Are you well positioned to move the endeavor forward? RFEs here probe your record — impact, adoption, recognition — not just credentials.
Beneficial to waive the job offer
On balance, would it benefit the U.S. to waive the labor-certification requirement? The most conceptual prong, and a common RFE target.
These numbers come from crowdsourced cases — shared by their owners or compiled from public posts, a growing share tracked against USCIS; not official USCIS statistics. We show counts rather than rates, and hide slices too small to be meaningful. How we collect & count →
EB2-NIW RFE FAQ
How common is an RFE on an EB2-NIW petition?
On a premium EB2-NIW case, USCIS's first action — due within 45 business days — is either a decision or an RFE. NIWStats tracked 183 recent first actions: 138 were RFEs, 45 went straight to a decision (first actions from roughly the past 6 weeks, as of September 2026). An RFE is not a denial — 26 of 90 tracked approvals came after one.
Does an RFE mean my case will be denied?
Not by itself. An RFE (Request for Evidence) is USCIS asking for more documentation before it decides; it is not a denial. 26 of 90 tracked approvals in the NIWStats data were preceded by one. How cases end after the response varies by profile (table on this page); across tracked cases decided after an RFE between Jul 2026 and Sep 2026, 26 were approved and 62 denied. As of September 2026.
What does an EB2-NIW RFE usually ask for?
Almost always more evidence on one or more of the three Dhanasar prongs — the national importance of your endeavor, whether you're well positioned to advance it, or why it benefits the U.S. to waive the job-offer requirement. In NIWStats data, 96 of 143 tracked RFEs whose owners named the prongs challenged all three, and 137 challenged prong 3 (as of September 2026).
How long does USCIS take after the response?
On premium processing, the response starts a fresh 45-business-day window. In the 79 tracked premium cases NIWStats could time end to end, the restarted clock ran a median of about 38 business days from response to decision.
How long do I have to respond to the RFE?
Your deadline is printed on the RFE notice itself — always go by that date. USCIS's clock to act again only starts once it receives your response, so time the RFE spends with you doesn't count against USCIS.
What should I do after getting an RFE?
Read which prong it targets, answer every point with new evidence, and respond fully before the deadline. Many petitioners bring in an attorney for the response. NIWStats is a data resource, not legal advice.
Watch RFEs and decisions land
Every RFE and decision on tracked cases, newest first.
See the latest moves