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As discussed in our recent webinar, Requests for Evidence (RFEs) have become a standard part of the NIW process. This is not necessarily because your petition was poorly prepared—it’s often because USCIS officers are under pressure, understaffed, and working with limited time and support. That makes clarity and precision more important than ever.
When petitions are vague, speculative, or not aligned with current adjudication expectations, they are flagged. And once flagged, they are harder to save. Based on what we are seeing in 2025, here are the top three reasons NIW cases receive RFEs—and what can be done to avoid them.
1. Weak or Unproven National Importance
This remains the number one reason for RFEs. USCIS wants to understand why the proposed endeavor matters—not to the applicant, but to the United States. Petitioners often make the mistake of focusing on the general importance of the field rather than providing a compelling case for how their specific work will make a difference.
Avoid this by:
Connecting the endeavor to current federal priorities. Go to whitehouse.gov and identify relevant executive orders or national strategies.
Providing past performance metrics that show credibility and trajectory.
Including quantifiable outcomes that prove the endeavor has real potential to impact the U.S. economy, society, or government operations.
2. Failure to Show the Applicant Is Well Positioned
Another frequent trigger is when the petition does not clearly explain why this specific person is capable of executing the proposed endeavor. USCIS officers are not just asking “What do you want to do?”—they are asking, “Can you actually do it?”
Avoid this by:
Highlighting prior achievements that directly relate to the proposed endeavor.
Demonstrating a track record of success in similar projects or environments.
Including third-party validation where possible (awards, publications, expert opinion letters, recommendation letters, or funding).
Being realistic and specific. Keep in mind that vague claims about future plans are not enough.
3. Vague or Underdeveloped Proposed Endeavor
If the proposed endeavor is unclear, overly broad, or disconnected from national needs, it will likely trigger an RFE. USCIS needs to see exactly what the applicant intends to do, how it will be implemented, and why it matters now.
Avoid this by:
Defining the endeavor in specific, actionable terms.
Identifying a concrete problem in the U.S. the applicant is addressing.
Explaining the steps the applicant will take, over time, to carry out the work.
Using a business plan or personal endeavor plan that turns vague ideas into a structured roadmap.
What You Can Do
Today’s adjudicators are juggling a heavier workload than ever before. When four USCIS officers leave, only one gets hired to replace them. That makes it even more critical that your petition is concise and easy to follow, clearly aligned with policy priorities, and backed by credible, not aspirational projections.
The more time it takes to understand a petition, the more likely it is to be pushed into the RFE pile.
How We Can Help
At Visa Business Plans, we work with attorneys across the country to build strong, data-supported materials that help clarify the proposed endeavor, prove national importance, and highlight the petitioner’s qualifications. We do not rely on templates or fluff—our work is grounded in market data, economic benchmarks, and real-world strategy.
If you are an immigration attorney helping a client file an NIW and want to reduce RFE risk, contact us. Let us help you tell the story in a way that resonates with the adjudicator and stands up to scrutiny.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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