Self-filing for EB-2 NIW and getting an RFE

Here’s a post by immigration lawyer Amber Davis on Requests for Evidence (RFEs) for self-filed EB-2 NIWs:

If you self-file and get an RFE, don’t assume that you can just hire a lawyer to fix your case.

Why?

Because you’ve already presented your case a certain way to USCIS and as lawyers, we have to work within the framework that you presented.

And we only have 3 months (or less in many cases) to do it.

It also takes a lot more time to unpack everything you submitted on your own, some of which might be fine but some of which might have subsequently put you at a disadvantage.

A lawyer might still take on your case if you get an RFE or NOID, but for the most part you’ll be paying almost as much as what it would have cost to retain that same lawyer in the first place.

But instead of getting the full benefit of presenting your best case right off the bat with the help of an experienced lawyer, you’ll only get the partial benefit of presenting your best possible case within the framework that you set with your self-petition.

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Interested in EB-1A, EB-2 NIW or O-1? Feel free to reach out to Amber at amber.davis@waypointimmigration.org or via LinkedIn messages.

Interested in profile-building for EB-2 NIW and maximizing your chances of approval? Check out Amber’s course, NIW Ready, which helps those of you who want to build a strong NIW profile in 2-3 months. You’ll also be considered for Amber’s refundable case package, which guarantees a refund of only attorney fees if your case does not get approved. At the end of the course, assuming you do the work, you’ll be ready to file.