Can You Change Your Proposed Endeavor in an NIW RFE?
Understanding the Limits of Reframing vs. Material Change. When responding to an RFE, one of the most consequential mistakes is attempting to modify the proposed endeavor — you can only clarify it.
By Attorney Hong-min Jun
A strategic guide to responding to RFEs targeting the "proposed endeavor" prong of NIW petitions.
What Is the "Proposed Endeavor"?
Under the Matter of Dhanasar three-prong test, petitioners must demonstrate that their proposed endeavor has substantial merit and national importance. USCIS frequently challenges the specificity and feasibility of the proposed endeavor during adjudication.
Common RFE Issues
Officers typically question: Does the petitioner have a concrete work plan? Is the proposed endeavor directly related to the petitioner's professional background? Is there evidence the endeavor will be carried out within the United States?
Effective Response Strategies
A successful RFE response should include: a detailed future work plan, evidence of collaboration with U.S. institutions, specific research or project proposals, and a clear narrative explaining how the work serves U.S. national interests.
"The proposed endeavor must be described with sufficient specificity to allow the officer to evaluate its merit and national importance — vague or overly broad descriptions are a leading cause of RFEs."
Practical Advice
Provide robust proposed endeavor evidence in the initial filing to avoid RFEs. Prepare a detailed work plan, letters of intent, and support letters from relevant U.S. institutions in advance.
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