# Eb2 niw rfe



## oliverjohn9080 (Nov 30, 2017)

Hi,

I am an Engineer by profession and came here in US on L1 Visa. Later on after 3 years my contract ended and I decided to settle in USA. I am currently on EAD and have applied for EB2-NIW for Green Card and received below RFE . Can anyone guide me how to respond this type of RFE and share his own experience in dealing this further evidence request.

RFE Body:

In order to establish eligibility, the petitioner mush establish that:

• The beneficiary qualifies for the requested classification and
• The exemption for the requirement of job offer , and thus of labor certification , is in the national interest of the United States.

The evidence doesn’t establish that beneficiary qualifies for the required classification and an exemption form the requirement of job offer. Therefore, USCIOS request additional evidence .

USCIS has designated the “Matter of Dhanasar” 26 I&N Dec.884 (AAO 2016) as a precedent decision. USCIS may grant a national interest waiver as a matter of discretion if the practitioner demonstrate by a preponderance of the evidence that

• The foreign national's proposed endeavor has both substantial merit and national importance
• The foreign national is well positioned to advance the proposed endeavor
• On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements

Waiting for urgent response.


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