A Candid Look Into EB-2 NIWs and RFEs from a Former USCIS Officer – Key Takeaways  

Immigration professionals are often left wondering about why the USCIS made a particular decision regarding a visa application or a Request for Evidence (RFE). A chance to understand the perspective of USCIS would help in these cases and make it easier to avoid certain situations in the future.  

That’s exactly what our most recent webinar delivered. “A Candid Look Into EB-2 NIWs and RFEs from a Former USCIS Officer” was an informative look behind the curtains of the USCIS and a source of great insights for anyone interested in how best to avoid issues related to visa applications.  

Those insights were provided by Mandy Nease, an experienced immigration attorney with Colombo & Hurd. Prior to joining the firm, she spent thirteen years working for USCIS as an adjudicator. Her unique background makes her an invaluable source of useful information, and this presentation is a must-watch for anyone dealing with U.S. business immigration authorities.  

Watch our full online presentation about the USCIS and how it handles EB-2 NIWs and RFEs with special guest and immigration professional Mandy Nease.  

Watch the entire presentation at the link above or read the highlights of the conversation below. 

The Role of a Business Plan in National Interest Waiver (NIW) Cases 

During the conversation, our guest repeatedly makes it clear that USCIS officers do, in fact, read and review business plans submitted as part of NIW petitions, especially for evaluating prong two (demonstrating commitment and having a plan toward advancing your work in the U.S.) and reminds us that a recent USCIS policy update explicitly mentions business plans, making them more crucial than before. 

Mandy says that officers want to see a realistic plan that connects to the applicant’s expertise, financial support, marketing strategy, and U.S. connections. A well-structured business plan adds substance to the endeavor and demonstrates its viability, increasing the chances of approval.  

On the subject of business plans, Mandy also reminds us that failure to include one with an application can cause delays and prolong the case. 

“If you don’t provide a business plan, you risk an RFE asking for one.” 

The Role of USCIS Officers and Their Review Process 

It was especially interesting to learn how USCIS officers work the process of training them. 

Mandy tells us that USCIS officers undergo specific training for adjudicating NIW and Schedule A petitions, including classroom presentations, written materials, and mentoring. They also have production metrics to meet, which can sometimes impact the depth of their file review. Officers are expected to process cases quickly, sometimes reviewing up to 20 petitions per day, leading to limited time per file. 

Officers use custom software with standard language (snippets) for RFEs, but they also add their own impressions and analysis of the evidence.  

They go through structured training that includes both legal coursework and supervised adjudications. They complete around 30 training cases before independently reviewing applications. 

The Significance of National Importance and How to Demonstrate It: 

National importance is a crucial element in NIW cases, and officers focus heavily on evaluating the potential impact of the applicant’s endeavor.  

Demonstrating national importance requires concrete evidence of the endeavor’s potential impact on the U.S., including factors like knowledge sharing, multi-state or regional reach, and contributions to critical emerging technologies.  

Connecting the endeavor to national priorities outlined in the National Security Council (NSC) document can strengthen the case for national importance.  

National Importance is the most common area where officers issue RFEs or denials because applicants often overlook its importance or fail to adequately document their argument.  

Issues With RFEs and How to Respond 

RFEs are most often issued due to insufficient evidence on “national importance” and “benefit to the U.S.” 

Many immigration attorneys complain that RFEs often contain factual errors and other mistakes, and this is frequently caused by the fact that USCIS officers use pre-written template snippets for RFEs, which can lead to errors and inconsistencies. 

Some RFEs contain factual errors, such as misidentifying the applicant’s profession—this often stems from officers copying and pasting without careful review. 

“That’s where we see the legal and factual errors—officers keep their own canned language and forget to edit them. That’s how you get things like a doctor being called a lawyer or someone being misgendered,” says Mandy.  

When responding to RFEs, focus on providing concrete evidence and avoid submitting new information that wasn’t included in the initial filing. 

Consider refiling the case if the RFE seems overly critical or if the officer appears to have a high burden of proof.  

Track your cases based on the adjudicating officer to identify any patterns or biases that may inform your response strategy. 

Common Mistakes Attorneys Make and How to Avoid Them 

Mandy’s experience as a USCIS officer produced this advice for attorneys guiding an application through the process: 

• Reconsider representing clients who lack sufficient evidence to demonstrate a viable endeavor in the U.S.  

• Pay extra attention to describing the scope and broader impact of the endeavor beyond a specific job description.  

• Be sure to connect the dots between the applicant’s proficiency, connections, and financial backing, as well as the viability of the endeavor in the U.S.  

• Prioritize demonstrating the real-world impact of planned business activities and don’t rely too heavily on speculative or “dream” scenarios.  

Best Practices for Immigration Lawyers to Improve Approval Chances 

Mandy also has some tips for immigration professionals that will help them get the outcome they’re looking for and provide great customer support while avoiding delays: 

• “If your cover letter is more than 10 percent of your total petition length, rewrite it.” 

• Evidence must be well-structured—use clear exhibit labels that match the table of contents. 

• “The best recommendation letters tell the story of your work and connect to other evidence in the file. Officers don’t like fluff.” 

• Premium processing does not automatically trigger RFEs, but increased scrutiny is common due to time pressure. 

• “USCIS officers do not appreciate long cover letters. I would love to see a petition cover letter formatted like a magazine table of contents; just bullet points with key facts.” 

• “Track your RFEs. If you see an officer is denying everything, don’t waste your time—refile and get a different officer.” 

These are just some of the takeaways you’ll find in the full version of “A Candid Look Into EB-2 NIWs and RFEs from a Former USCIS Officer”, with special guest Mandy Nease. Watch the full recording of the webinar on Joorney’s YouTube channel. 

Reach out to us today to learn more about how a Joorney Business Plan can help ensure a smooth visa application process.