A recent discussion highlighted the challenges faced by a Nigerian engineer whose EB-2 National Interest Waiver (NIW) petition received a Request for Evidence (RFE) from USCIS. The engineer, who holds a master’s degree from a top-30 university and has seven years of experience at a Fortune 500 company, faced delays due to insufficient evidence demonstrating his specific qualifications for the proposed endeavor.
Key Details:
- The RFE was issued not for credentials but for evidence that the applicant is well-positioned to advance the proposed endeavor.
- USCIS flagged Factor 2, which assesses whether the applicant is the right person to execute the proposed project based on their track record.
- The engineer’s petition aimed to apply machine learning to supply chain optimization for critical U.S. infrastructure but lacked specific examples of prior work in that area.
- Although the engineer eventually responded effectively and received approval, the RFE added months to his processing time.
This case underscores the importance of clearly linking past experiences to the proposed future work in EB-2 NIW petitions. Applicants must explicitly demonstrate their trajectory to avoid unnecessary delays in the immigration process.
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Source: Abiodun (Prince) Bello, MBA, MSc