NIW RFEs Often Challenge All Three Prongs
The reported pattern
Other listed categories include prongs 2 and 3 in 50 cases, prongs 1 and 3 in 24, and prongs 1 and 2 in three. Another 29 cases identify multiple challenged prongs without specifying which ones. The report summarizes prong 1 as substantial merit and national importance, prong 2 as being well positioned to advance the endeavor, and prong 3 as the benefit of a waiver. These are brief descriptions, rather than a full statement of the legal test.
What the pattern suggests
A response that adds evidence about qualifications alone may leave other questions unanswered. The practical lesson is to identify each issue in the actual notice and connect the relevant evidence to it. The counts do not tell us whether each challenge was equally serious or which responses succeeded.
An EB-1A comparison
The much smaller VisaStats EB-1A breakdown lists original contributions seven times, published material or media coverage four times, and recognition of only two criteria four times. A case can have multiple issues. These are community-reported counts, not official frequencies. The accompanying monthly NIW chart likewise covers only premium cases with a recorded first action; it cannot predict an individual applicant's RFE risk.
Sources and methodology
Based on the supplied report, NIW and EB-1A Case Data Analysis (Mobile Edition), pages 3 and 8. Snapshot through October 23, 2026. Figures are English redraws of the report, not a fresh scrape or independent audit of the underlying cases.
