Last updated: September 26, 2026

No government agency publishes a percentage showing how many EB-2 NIW petitions get approved after an RFE. If you’ve seen a number like that quoted somewhere, it’s an estimate, not a USCIS statistic. What USCIS does publish is the overall EB-2 NIW approval share by quarter, and that number tells you more about RFE pressure than any invented RFE-specific rate would.

Why There’s No Official RFE Approval Rate

USCIS’s quarterly report, “Form I-140 by Fiscal Year, Quarter and Case Status,” breaks EB-2 NIW petitions into four buckets: received, approved, denied, and pending. It does not separate cases by whether they received an RFE first. So any site quoting an “RFE approval rate” is either citing a private law firm’s internal client data (which reflects that firm’s case selection, not the general applicant pool) or making the number up.

What you can track instead is the overall approval share by quarter, since a falling approval share usually means more RFEs are being issued and fewer are getting cleared.

Source: USCIS Form I-140 quarterly data, Office of Performance and Quality. “Approval share” means approvals divided by approvals plus denials in that quarter, not approvals divided by total receipts. The rate hit its lowest point in Q4 FY2025 at 35.7%, then climbed for three straight quarters to 55.3% by Q3 FY2026. That swing lines up with when RFE volume and processing backlogs were heaviest.

What Actually Triggers an EB-2 NIW RFE

USCIS evaluates every NIW petition against the three-part test from Matter of Dhanasar: substantial merit and national importance of the endeavor, whether you’re well-positioned to advance it, and whether waiving the labor certification and job offer requirement benefits the U.S. more than the standard process would. Officers issue RFEs when the petition is thin on one of these three, most often the second one, meaning your evidence doesn’t clearly connect your specific background to the specific endeavor you’re proposing.

The January 15, 2025 USCIS Policy Alert (PA-2025-03) tightened this further. It states that petitioners must first qualify for the underlying EB-2 classification, either as an advanced-degree professional or a person of exceptional ability, before the NIW itself gets considered. It also says explicitly that “broad assertions regarding general benefits to the economy and potential to create jobs will not establish eligibility” for entrepreneurs and founders. Read the full policy alert here.

One caution on timing: the approval share started dropping in FY2024, a full year before this policy alert issued. If someone tells you the January 2025 update caused the decline, that claim isn’t supported by the data. The guidance matters because it tells you what an officer is checking for today, not because it explains why past numbers moved.

How to Respond to an EB-2 NIW RFE

1. Read the RFE line by line and answer each point specifically. USCIS lists exact deficiencies. A response that re-explains your whole case instead of addressing each flagged item usually gets denied again.
2. Tie every new document back to one of the three Dhanasar prongs. If the RFE questions “well-positioned,” don’t add more general credentials. Add evidence that connects your specific track record to the specific endeavor you described in the petition.
3. For business or entrepreneurial cases, replace projections with documented outcomes. Business plans with revenue forecasts alone won’t satisfy USCIS post-January 2025. Bring signed contracts, actual revenue figures, patent filings, or funding already secured.
4. Check your filing deadline. Standard RFE response windows run 30 to 87 days depending on the notice; missing it means an automatic denial with no appeal on the missed deadline itself.
5. Get a second read from someone who didn’t write the original petition. Fresh eyes catch the gap between what you think you proved and what the RFE says you didn’t.

FAQs

Is there an official EB-2 NIW RFE approval rate?

No. USCIS does not publish this statistic. Any specific percentage you see quoted for “RFE approval rate” is not sourced to a government report.

How long do I have to respond to an EB-2 NIW RFE?

USCIS sets the deadline on the RFE notice itself, typically between 30 and 87 days. Check your specific notice, since it varies by case type and officer.

Does getting an RFE mean my case will be denied?

No. An RFE means USCIS wants more evidence before deciding, not that it has already decided against you. A focused, complete response addressing each flagged point gives you a real path to approval.

Can I get help writing my RFE response?

Green Card For Alien writes RFE response documentation and letters. We handle the writing and evidence organization only, not legal advice or representation.