A recent Request for Evidence (RFE) issued in an EB-2 National Interest Waiver (NIW) case has raised concerns about the misapplication of visa standards by USCIS officials. The officer involved questioned the petitioner’s impact in their field using EB-1 standards, despite acknowledging the substantial merit and national importance of the case. This incident underscores the critical distinction between the EB-2 NIW and EB-1 categories, which have different requirements for demonstrating contributions and influence.
Key Details:
- RFE issued for an EB-2 NIW case, questioning the petitioner’s impact.
- Officer applied EB-1 standards instead of the correct EB-2 NIW criteria.
- EB-2 NIW requires proof of original contributions or significant influence.
- Challenging the misapplication of standards can lead to a more favorable review.
This situation highlights the importance for applicants to ensure that the correct legal framework is applied in their cases, which can significantly affect the outcome for affected immigrants. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Ayofex Immigration Services LLC