Recent analysis of immigration data suggests that Request for Evidence (RFE) rates for EB-2 National Interest Waiver (NIW) petitions have remained stable. According to Lawfully’s January 2026 data, the rates have not seen a significant increase, despite heightened scrutiny from USCIS due to a surge in qualified applicants since 2022.
Key Details:
- RFE rates for EB-2 NIW petitions have not increased over the past year.
- Data from Lawfully indicates stable trends, although it is based on a small sample size.
- Increased scrutiny is attributed to a rise in qualified applicants starting in 2022.
- Applicants are encouraged to build strong cases to minimize the chances of receiving an RFE.
This stability in RFE rates suggests that while scrutiny remains, applicants should not be overly intimidated. Instead, they should focus on preparing comprehensive applications to avoid unnecessary RFEs.
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Source: r/EB2_NIW