What if my EB-2 NIW is denied?

EB-2 National Interest Waiver denied

EB-2 National Interest Waiver (NIW) is a popular immigration category for individuals with exceptional ability or advanced degrees who seek a Green Card in the United States. However, like any other immigration application, there is always a risk of denial. In this article, we will discuss the possible outcomes if your EB-2 NIW is denied and what you can do to increase your chances of success in your future immigration efforts.

Appeal the decision

If your EB-2 NIW is denied, you have the right to file an appeal with the Administrative Appeals Office (AAO) within 30 days of the denial. This process can be lengthy and requires a detailed understanding of immigration law.

Reapply

If you believe that the denial was based on an error or misinterpretation of the evidence submitted, you can reapply for EB-2 NIW. However, it is important to address the weaknesses in the initial application and provide additional evidence to support your case.

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Explore additional materials and ask questions about the process

What Starter Kit Includes

Document #1

Starter Kit structure, importance of repetitions and choosing the right language

I-140 Cover Letter

Document #2

Find list of professions in the section: Starter Kit Templates

NIW Case Builder

Document #3

For profession of your choice, to help you identify relevant NIW initiatives and arguments

Original I-140 Cover Letter

Document #4

Important also for non-banking professions: from our approved NON-RFE petition

Three Original Reference Letters

Documents #5A, #5B, #5C

Important also for non-banking professions: from our approved NON-RFE petition

Editable Original Reference Letters

Documents #6A, #6B, #6C

Word format of our three original reference letters that can be edited

Guide to Request Reference Letters

Document #7

Detailed steps we took to acquire reference letters and recommended strategies

Guide to Understand Visa Bulletin

Document #8

Find out if your date is current, ie. there is no backlog and no wait time for a green card

Adjustment of Status Guide

Document #9

Adjustment of Status explained, along with list of required forms and documents (10 pages)

AOS Sample: I-485, I-765 & I-131

Document #10

Forms I-485, I-765, I-131 and Adjustment of Status cover letter in editable Word format

ETA-9089 & ETA-750 Forms

Document #11

Select sample form to add to your package

Consider other immigration categories

If your EB-2 NIW is denied, it may be worth considering alternative immigration categories, such as EB-1A (Alien of Extraordinary Ability) or EB-3 (Skilled Worker). These categories have different eligibility criteria and requirements, so it is important to assess which category may be a better fit for you. Keep in mind that EB-3 does not allow self-petition.

Wait for better timing

Sometimes, the denial of an EB-2 NIW is simply a result of the high demand for Green Cards and the limited number of visas available. In these cases, it may be wise to wait for a better time to reapply, when demand is lower and the visa availability is higher.

In conclusion, a denial of an EB-2 NIW application is not the end of the road for your immigration journey. By understanding the possible outcomes and taking the appropriate steps, you can increase your chances of success in your future immigration efforts.