NIW Bearings
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Qualitative
Procedure & timing

A three-prong RFE is normal, not a verdict.

RFEs question all three prongs; denials land on Prong 1 — put your weight where cases actually turn.

The principle

RFEs tend to interrogate all three prongs at once — the “kitchen-sink RFE” is real. But that spread does not reflect where cases are decided. Downstream, dismissals concentrate overwhelmingly on Prong 1 — the specific endeavor and its national-scale mechanism. A three-prong RFE is a routine request for corroboration, not a signal the case is lost.

What the record shows

RFE questions spread nearly evenly across the three prongs, while final kills at the appellate stage land on Prong 1 far more than on Prongs 2 and 3. Answering the third-prong boilerplate at the same depth as the first is effort spent where cases rarely turn.

How to apply it

Read a broad RFE as routine. Corroborate every point it raises, but invest the deepest work in the specific endeavor, its national-scale mechanism, and corroborated magnitude — and remember the endeavor itself cannot be reframed at this stage.

The misread it corrects

“The RFE questioned all three prongs, so the petition is in serious trouble” — or the inverse, “I’ll answer each prong at equal length.” A multi-prong RFE is ordinary, and Prong 1 is where the weight belongs.

reddit_rfe_findings §2 · pairs with Q-1
Work on this with your AI
Copy this prompt, paste it to your AI assistant, and add your draft where marked.
I am preparing an EB-2 NIW (National Interest Waiver) petition and want you to review a draft against a finding from the public record of NIW decisions.

THE FINDING: A three-prong RFE is normal, not a verdict. RFEs question all three prongs; denials land on Prong 1 — put your weight where cases actually turn.

YOUR TASK: I received an RFE [paste the RFE text too]. Tell me which requests go to Prong 1 and weight my response plan accordingly — remembering the endeavor itself cannot be reframed now.

RULES: Work only from what I paste — do not invent facts about me. Do not predict outcomes or estimate chances. Point to specific sentences and propose concrete rewrites.

--- MY DRAFT ---
[Paste your draft here]
The prompt asks your AI to review your own draft against this finding — it never predicts an outcome.
Sources & references
Collected sourceCollected RFE reports (community corpus) — RFEs interrogate all prongs; denials land on Prong 1
Insight vaultInsight vault: Procedure & the RFE
Each record describes itself; sustained decisions are the wins inside the appeal record, not a separate population. No figure predicts an individual outcome.
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