How to Avoid an RFE in Your EB-2 NIW Petition: The Role of Your Credential Evaluation

One of the most stressful moments in any EB-2 National Interest Waiver (NIW) case is receiving a Request for Evidence (RFE) from USCIS. RFEs delay your petition, increase legal costs, and create uncertainty. The good news: many RFEs related to academic qualifications are preventable.

Review of RFE

What Is an RFE and Why Does It Happen?

An RFE is a formal request from a USCIS adjudicator for additional documentation or clarification. In EB-2 NIW cases, one of the most common triggers is an incomplete or insufficient credential evaluation — particularly when the evaluator does not establish clearly that the foreign degree is equivalent to a U.S. master's degree or higher.

This happens when evaluations are vague, do not follow AACRAO EDGE methodology, or fail to address the specific degree level required for EB-2 classification.

What USCIS Needs to See

For EB-2 classification, USCIS requires evidence that the applicant holds an advanced degree — defined as a U.S. master's degree or its foreign equivalent, or a U.S. bachelor's degree plus five years of progressive work experience in the field.

Your credential evaluation must explicitly state the U.S. degree equivalent. It must be prepared by a qualified evaluator, reference the credentials reviewed (diplomas, transcripts), and follow a recognized methodology such as AACRAO EDGE.

Common Credential Evaluation Mistakes That Lead to RFEs

The evaluation does not specify the U.S. equivalent degree level (e.g., "equivalent to a U.S. Master of Science") The evaluation was prepared by an unqualified individual or organization not recognized by USCIS

Foreign-language documents were not accompanied by certified English translations

The evaluation contradicts other evidence in the petition (e.g., the attorney's brief references a doctorate but the evaluation only confirms a bachelor's)

The evaluation is undated, unsigned, or lacks the evaluator's credentials

How to Get It Right the First Time

Work with an evaluator who specializes in immigration petitions — not just academic credential recognition. There is a meaningful difference. Immigration-focused evaluators understand USCIS standards, write reports with the adjudicator in mind, and align their language with the petition strategy developed by your attorney.

At AcademicEval Services, every evaluation is prepared following AACRAO EDGE methodology and reviewed by a senior evaluator before delivery. We coordinate directly with immigration attorneys to ensure our report language is consistent with the I-140 petition.

If you are preparing an EB-2 NIW petition and need a credential evaluation, request a free quote here. Standard delivery in 2–3 business days. Rush service available.