Why do EB-2 NIW petitions receive RFE?
By Attorney Izi Pinho, Esq. · Florida Bar #126610·Published Jan 15, 2026·Reviewed Apr 20, 2026·EB-2-NIW
Answer
Most common reasons: (1) weak second prong — evidence doesn't convince USCIS the applicant is 'well-positioned' to advance the endeavor; (2) generic third prong — no case-specific argument for why waiving labor cert benefits the US; (3) vague proposed plan without timelines or metrics.
⚠️ This answer is informational and does not constitute legal advice. For guidance on your specific situation, schedule a consultation with Attorney Izi Pinho.