If you’ve received an RFE on your EB-2 NIW petition
recently, you’re not alone. Since the August 5, 2026
policy memo, adjudicators have raised the evidentiary
bar — particularly on Prong 3 of the Dhanasar framework.
Here’s what’s actually changed and what you should do
about it.
What the August 5 Memo Changed
The memo has shortened RFE response timelines and placed
greater emphasis on the balancing test under Prong 3.
Officers are now scrutinizing whether waiving the job
offer requirement genuinely serves the national interest
— not just whether your work is impressive.
This means petitions that might have sailed through a
year ago are now receiving RFEs even with strong evidence.
What You Should Do If You Got an RFE
First, don’t panic. An RFE is not a denial. Many
applicants who received RFEs under the new policy memo
have gone on to receive approvals.
Here’s what matters most in your response:
Address all three prongs directly. Even if the RFE
focuses on one prong, strengthen your evidence across
all three. Officers are looking for a complete,
coherent picture.
Prioritize independently verifiable evidence. Citations,
publications, media coverage, and third-party data carry
more weight than self-reported accomplishments.
Strengthen Prong 3 specifically. The balancing test is
where most 2026 RFEs are hitting. Show clearly why the
US benefits from waiving the labor certification
requirement for you specifically.
Work closely with your attorney or consultant. The
response strategy matters as much as the evidence.
The Bottom Line
The evidentiary bar has risen. But approvals are still
happening every day. Focus on what you can control —
a thorough, well-structured response with strong
evidence — and give yourself the best possible chance.
If your business plan was not part of your original
filing, now is the time to include one. A professionally
written EB-2 NIW business plan that addresses all three
Dhanasar prongs can significantly strengthen your RFE
response.