RFE Language by Criterion — NIW

When an RFE Challenges National Importance (Dhanasar Prong 1)

Officers apply a specific test: does the impact extend past your own clients and your own locality? Excerpts from two real notices — one denied, one approved.

The governing text

Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

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What the officer actually wrote

Quoted verbatim from a real USCIS notice. Names, employers, exact dates, and figures have been removed or generalized; bracketed text marks a redaction.

“The petitioner has not established that their proposed endeavor in the United States will have a broader impact on the field outside of their prospective clients. Benefits that are isolated to a single institution or locality in the United States might be so attenuated at the national level as to preclude a finding that the proposed endeavor has national importance.”

This case was denied after the RFE response。

"Isolated to a single institution or locality" is the operative phrase. Client-serving and consulting endeavors get caught here constantly, because their benefits are by construction local to the client.

“A review of the letters submitted in support of the self-petitioner reveals that the letters focused on the self-petitioner's experience and achievements, but they failed to provide any information about the national importance of the proposed endeavor.”

This case was denied after the RFE response。

A reference-letter failure mode that shows up in almost every weak NIW file: the letters praise the person when the prong is about the endeavor. Letters written for an EB-1A-style "look how accomplished they are" brief do not answer prong 1 at all.

“USCIS cannot conclude that any area where she will pursue the specific proposed endeavor is economically depressed, that the specific proposed endeavor would somehow lead to the employment of a significant population of workers in the area, or that it would somehow offer the region or its population a substantial positive economic benefit through employment levels, business activity, investment, or related tax revenue as contemplated by Dhanasar.”

This case was approved after the RFE response。

This sentence is a checklist in disguise: economically depressed area, job creation, business activity, investment, tax revenue. Each item is separately evidenceable. This case was approved after the response.

What that officer said would help

USCIS's own list from the same notice, quoted verbatim. This is the closest thing to a specification for the response you will get.

  • A detailed description of the proposed endeavor and why it is of national importance
  • Documentary evidence demonstrating the endeavor's potential prospective impact
  • Evidence that the endeavor impacts a matter that a government entity has described as having national importance or is the subject of national initiatives

Authorities the officer cited

Reproduced as they appear in the notice. These are the officer’s citations, not ImmiFlo’s — we have not independently verified each quotation against the reporter. Our own verified library is on the legal citations page.

  • Matter of Dhanasar, 26 I&N Dec. 884, 889-890 (AAO 2016)

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