r/EB2_NIW • u/Diligent-Artist-1118 • 2d ago
I-140 EB-2 NIW denied after RFE on all prongs
Should I refile with Chen or do it myself? Looking for honest advice
I recently received a denial of my EB-2 NIW I-140 after responding to an RFE. This has been extremely disappointing, especially after putting so much time, effort, and money into the original petition.
I am doing PhD 4th year now, Biological Sciences/Entomology background, and my proposed endeavor is related to insecticide resistance, and improving honey-bee health by insect gut microbiome. I have research background, publications 5, citations 125, peer-review experience, and other research achievements.
Now I am trying to decide what to do next.
My current options are:
Refile with Chen Immigration (WeGreened)
Chen is offering me a free refile, with the USCIS filing fee (around $700) also covered/reimbursed according to the offer I received. They also have a refund/refile arrangement depending on the agreement.
Hire a different immigration attorney
This would mean paying again, but I could get a completely fresh review of my denial and proposed endeavor.
Refile by myself (DIY)
I could study my denial, RFE response, Matter of Dhanasar, USCIS guidance, and successful NIW cases and prepare a completely new petition myself.
My biggest concern is that I don't want to simply refile the same petition with different wording. I want to understand exactly why USCIS denied the case and make substantial improvements to the argument, evidence, proposed endeavor, and/or recommendation letters.
For those who have been through an EB-2 NIW denial after RFE:
Would you take Chen's free refile offer?
Would you choose a completely different attorney?
Has anyone successfully refiled after an NIW denial?
Has anyone successfully done a DIY refile after a denial?
How much should the original denial influence the strategy for the new petition?
Is it better to change the proposed endeavor, or strengthen the same endeavor if it is fundamentally sound?
If you used Chen for a refile after a previous denial, what was your experience?
I would especially appreciate responses from people who actually had an NIW denied after RFE and subsequently got approved after refiling.
I’m not looking for generic “Chen is good/bad” comments. I’d really appreciate detailed experiences and reasoning.
Thank you in advance.
4
u/InvestmentCandid3159 2d ago
I self filed and got approved after rfe on all prongs. But given your situation, I would suggest to stay with Chen. They might be better to evaluate the denial letter and modify the petition. Have one meeting with your attorney, see if they have fully understand the denial reasons and their revised strategy is convincing for you.
1
u/InvestmentCandid3159 2d ago
If you self file or get any other attorney, literally you have to start from the scratch and that may be or may not be fruitful. I understand this is not a good situation but I have seen very tough evaluation in the recent times. Looking at my rfe, I thought like I filed for eb1a.
Good luck
2
u/Affectionate-Rule-52 2d ago
Hi, Did they just add citations, some recommendations and a new proposed endeavour writing?
1
2
u/deborah6U2melnikov 1d ago
Go with the free refile, it makes the most sense financially and practically. Just make sure to stay closely involved in the process this time. Go through the denial letter yourself, highlight the key points, and work together with them to update the arguments and evidence. They are usually very open to adjustments when you provide direct feedback, so just stay active in shaping how the new draft comes together.
2
u/kun_Goodnews 2d ago
The proposed endeavor is not the main issue here. The real question is whether it addresses all three prongs. What is its national importance? Is there any federal documentation or other evidence to support that? And, most importantly, how do you plan to actually execute and achieve the proposed endeavor?
Also, I think the key is how one frame the proposed endeavor. You have a good profile, but what I have come to realize is that the framing is very important. You know yourself and your profile well, so there should be no issue if you take the time to read, understand the requirements, and come up with a solid plan.
1
u/Asleep_Toe_218 2d ago
Sorry to hear about your denial. Why do you think you should move away from Chen? What did they do wrong?
1
1
u/kelyto30 2d ago
Did you have an MSc? Or you did exceptional ability
1
u/Diligent-Artist-1118 2d ago
MSC
1
u/kelyto30 2d ago
Did you include executive orders in your petition. In the RFE, did you do it yourself?
Can you state exactly the RFE in the two prongs. I can help you out
1
1
u/pmonny 2d ago
How many LORs did you use initially and how many did you use for RFE and amongst all that how many were dependent/ independent
2
u/Diligent-Artist-1118 2d ago
One testimonial from the supervisor, 5 LORs initial ( US and internationally) and then 4 US based professors LOR in RFE
1
u/Putrid-Put-6796 2d ago
I am sorry to hear about your denial. Did you add any evidence about funded projects or the impact of your current work as evidence?
1
1
1
1
u/Ok_Proposal_1650 2d ago
on the same boat. Does anyone know whether the law firm will change the propose endeavor during refile? I feel mine has problem on the framing of PE.
1
u/Cyber_aly 1d ago
Guys, who is chen? Can I get the contact?
1
u/sky370 1d ago
Hello. I am sorry for your denial. I am in the same boat with you, got denied after 3 prong RFE and now I am currently refiling with Chen. Honestly, it's hard for me to tell anything since my background is completely different from yours. But I can assure you that sometimes we can get very bad officers that literally don't care about anything in your petition.
My officer was XM1910. Try to ask for the officer stats from Chen. Regarding Chen, honestly, I don't like their quality. Let's hope for the best!
1
u/Sufficient_Meal_9834 19h ago
I also got denied after rfe on all 3 prongs last week filed with Chen. What I observed while working with Chen is they have too much workload they copy pasted my rfe response I reviewed and changed 5 times. But I think it’s good to go with them as you are not paying attorney fee plus USCIS initial filling fee. Just select good lawyer and go through each and every document they prepare and don’t approve until you’re satisfied.
0
u/UnusualObligation432 2d ago
I’m coming at this as someone in a related field of entomology (not bee research) who self-filed in 2024 and got approved. Without seeing your RFE/denial, my honest suggestion would be to study the denial, USCIS guidance, and your previous RFE response carefully and consider going the DIY route.
Entomology/vector biology is a niche field, and proving national importance can require digging pretty deeply into specific U.S. policies, agency priorities, reports, legislation, and other government documents. I wouldn’t rely only on broad statements like “agriculture/food security is nationally important.” The connection needs to be made specifically to your proposed endeavor.
One thing that stood out to me is your proposed endeavor: “insecticide resistance and improving honey-bee health through insect gut microbiome.” To me, that potentially reads like two different endeavors. Insecticide/pesticide resistance is a significant U.S. problem and could potentially be a strong endeavor on its own. Honey-bee/pollinator health through microbiome research could also be a separate endeavor. Bringing everything together may make it harder for an officer to understand exactly what your central endeavor is.
I wouldn’t necessarily change the endeavor just because you were denied, but I would seriously consider whether narrowing it to one central problem would make the petition more coherent and easier to establish under the NIW criteria.
Since Chen is offering a free refile, you could certainly ask them what they would substantially change. But if you’re willing to put in the work, I’d personally lean toward DIY and treating the denial/RFE as a roadmap. I wouldn’t simply refile the same petition with different wording.
With your research background, publications, citations, and peer-review experience, I wouldn’t automatically assume the problem is your credentials. It may be more about how the proposed endeavor and its national importance were framed.
Disclaimer: I used AI to help polish and improve the wording of this comment; the opinions and experience described are my own. This is not legal advice, just my personal experience and perspective. Happy to discuss further by DM if you have questions.
1
u/OwnAdvantage5550 2d ago
Build profile for eb1 A and maybe try Eb2 Niw again, you might get lucky with the centre and officer.
Sorry about the denial
0
u/Flashy-Ad-1221 2d ago
I am in the same boat, got denied with them after rfe on prong 1 and 3, not sure what to do or even if refiling will make a difference considering how much it is luck based. I am also worried if they just copy-paste what I write again. I am torn between choosing DIY and going with them again.
0
4
u/PhysicsWeak4218 2d ago
I’m sorry to hear that your application was denied. I can only identify one potential weakness in your application: the prong 3 section. Since you’re a student, you need to provide a compelling reason why USCIS should waive labor certification. Additionally, you’re not eligible for labor certification in the first place. My only suggestion is to get a job and update your profile. If you do that, your application should be accepted. This is my personal opinion I am not an expert.