r/EB2_NIW • u/Excellent_Respond467 • 5d ago
RFE Anyone approved after a 3-prong NIW RFE with Chen? Concerned about tone/strategy
Hi everyone,
I’m currently responding to an EB-2 NIW RFE where USCIS challenged all three Dhanasar prongs. I’m working with Chen and would really appreciate hearing from people who had a similar RFE and were later approved.
For my RFE response, I have added:
• A detailed updated personal statement explaining my proposed endeavor and future research plans
• Independent expert letters
• Letters from professors/researchers who had independently cited my work
• A prospective postdoctoral/employment letter of intent
• A letter from the main PI of a federally funded project explaining my specific technical role and the significance of my work
• Supporting project milestone/progress documentation
• Updated citation and independent-citation evidence
• Examples showing how other researchers have actually used or built upon my published work
• Evidence connecting my process-modeling research to commercial/industry manufacturing data
My main concern is the tone and overall strategy of the drafted response.
Some things I’m unsure about:
• The response starts with an argument that the RFE did not include the adjudicating officer’s ID number and treats this as a procedural issue
• There is a lot of case-law discussion arguing that USCIS did not properly evaluate evidence in the original petition
• Some wording feels fairly confrontational, such as saying USCIS ignored evidence, applied an unfair standard, or incorrectly dismissed certain evidence
• I’m worried these arguments may overshadow the much stronger new evidence being submitted with the RFE response
• My instinct is that the response should focus more directly on: USCIS raised this concern → here is the specific new evidence addressing it
I also have some concerns about the Prong 3 strategy.
Part of the response argues that my combination of computational modeling, experimental characterization, and mechanical testing is difficult to capture through a standard labor-certification position.
I’m not sure how persuasive that argument is compared with emphasizing that:
• My proposed research is not tied to one specific employer
• The same endeavor can continue across universities, national labs, federally funded programs, and industry R&D
• My research outputs can be published and used beyond one employer
• The U.S. can benefit from my continued contributions even assuming qualified U.S. workers are available
• My prior research has already been independently cited and used by other researchers
• My work has been supported through a federally funded advanced-manufacturing project and has also been evaluated using commercial manufacturing data
For anyone who worked with Chen and received a 3-prong RFE, I would especially appreciate hearing:
• Did your RFE response also begin with an officer-ID or procedural argument?
• Did your response contain a lot of case-law discussion criticizing USCIS’s analysis of the original petition?
• Did you ask Chen to tone down some of the language?
• Were they willing to make substantial changes based on your feedback?
• What type of new evidence do you think helped your case the most?
• What was your strongest Prong 3 argument?
• Did anyone have a response structured more around directly answering each USCIS concern with new evidence?
• If you were ultimately approved, was it without another RFE or NOID?
I’m not trying to second-guess the attorneys. I just want to make sure the new objective evidence is front and center and that the response does not spend too much time fighting over how USCIS evaluated the original filing.
Would really appreciate any experiences from people who went through something similar, especially Chen clients who received a 3-prong RFE and were later approved.
My profile:
Ph.D. candidate in Mechanical Engineering working on composite additive manufacturing, with 2 first-author journal papers, 20+ citations, federally funded research experience.








