NIW: If an RFE Contains Incorrect Information, Can the Decision Be Overturned on Appeal?
Analysis of AAO decisions showing that appeals based on factual errors in RFEs rarely succeed.
By Attorney Hong-min Jun
How to effectively respond when an RFE contains factual errors about your credentials or work.
Case Background
In October 2025, the AAO handled an unusual case where the officer's RFE contained clearly erroneous descriptions of the petitioner's academic credentials and research achievements — misidentifying the petitioner's doctoral degree as a master's degree and incorrectly citing impact factor data for published papers.
How to Respond to an RFE with Incorrect Information
When facing an RFE containing incorrect information, petitioners should: first, politely but clearly identify the errors and provide corrective evidence; second, don't just correct the errors — use the opportunity to supplement with additional supporting evidence; third, maintain a professional tone and avoid expressing frustration with the officer's mistakes.
AAO Decision Analysis
In this case, the AAO ultimately found that the original officer did make factual errors and re-evaluated the petition based on correct facts, ultimately approving the NIW petition. This case demonstrates that even when facing an RFE with errors, petitioners can still achieve approval through sufficient evidence and clear argumentation.
"An RFE response is not just a defense — it is an opportunity to reframe the entire petition narrative with greater clarity and stronger evidence."
Important Note
After receiving an RFE, carefully read each challenge to confirm whether the officer correctly understood the petition materials. If errors are found, clearly identify them in the response and provide corrective evidence.
Free Consultation
Ready to evaluate your NIW eligibility?
Attorney Hong-min Jun reviews your profile and advises on the strongest petition strategy — no obligation.
Related Posts
The Impact of U.S. Medical Licensure on NIW Petitions for Physicians
A Structural Analysis Based on AAO Decisions. U.S. medical licensure is not a peripheral consideration in physician NIW cases — it is a central factor that defines the nature of the petition itself, operating both defensively and affirmatively under the Dhanasar framework.
NIW Is Not About Past Achievements — It Is About Future Structure
Many NIW applicants believe success depends on what they have already accomplished. Actual adjudication follows a very different logic — one focused on structured future plans, not retrospective credentials.
Evidentiary Weights of Recommendation Letter
Analysis of how AAO evaluates recommendation letters in NIW petitions.
Related Case Studies
Y.H., Esq.
Human Rights Attorney
Ms. A.S.
Architect & Urban Designer
Dr. F.A.
Civil Engineering Researcher