Responding to NIW RFEs: Strategies for Addressing Prong 1 (Substantial Merit & National Importance)
NIW RFE Series – Part 1

In recent months, we’ve seen a noticeable uptick in Requests for Evidence (RFEs) issued in National Interest Waiver (NIW) cases. In this three-part series, Plex Law Group shares key strategies for addressing common RFE issues, based on real client scenarios.

Today’s focus: Prong 1 – Substantial Merit and National Importance

Let’s take the case of Client A, who holds a Bachelor’s degree in Engineering and a Master’s degree in Architecture from China, and is currently pursuing an additional U.S. degree in the architecture field. His professional background lies in civil engineering.

USCIS acknowledged the national importance of his work and recognized his potential to create jobs and generate tax revenue. However, the RFE challenged whether his proposed endeavor demonstrated significant economic impact at a regional or national level.

Legal Background

According to Matter of Dhanasar, evidence that an endeavor has strong potential to employ U.S. workers or generate other positive economic effects, especially in economically challenged regions, can help establish national importance.

Strategic Response

Our strategy in Client A’s case involved emphasizing:

• That his U.S.-based company is actively launching a civil infrastructure project in a specific region;
• That this project targets an economically underdeveloped area;
• And that, backed by his civil engineering expertise, the endeavor has the potential to generate measurable economic benefits.

We further cited prior AAO decisions where similar projects were found to meet the national importance threshold under Matter of Dhanasar.

Recommended Supporting Evidence:

1. Official reports on infrastructure development in the relevant U.S. locality;
2. Company progress documents, such as:
   a. Business plan
   b. Formation documents and contracts
3. Evidence of project incubation, including:
   1. Hiring projections
   1. Economic impact analysis
   1. Preliminary recruitment postings or letters of interest

This approach aims to align Client A’s case with Dhanasar’s first prong and demonstrate his potential contributions to national economic development.