EB-2 NIW · Common RFE topics

Eligibility criteria

• Advanced degree and experience in the specialtyWhether you hold an advanced degree or its equivalent, and whether the intended occupation is a profession.
• Exceptional abilityWhether you meet three of six criteria and show expertise significantly above the ordinary in an area tied to your endeavor.
• Substantial merit and national importanceWhether your specific endeavor has substantial merit and national importance (Dhanasar prong one).
• Well positioned to advance the endeavorWhether you are well positioned to advance your endeavor (Dhanasar prong two).
• On balance, the waiver benefits the United StatesWhether the factors for waiving the job offer and labor certification outweigh the reasons for requiring them (Dhanasar prong three).

Specific evidence

• Defining the proposed endeavorWhether the petition clearly describes a specific endeavor, not just an occupation.
• Evidence of progress and outside interestWhether there is evidence of steps taken toward the endeavor and of interest from customers, users, investors, or others.