6 Common EB2 NIW Rejection Reasons & How to Avoid Them
Reserved for professionals with an advanced educational degree or exceptional ability in their niche, the EB-2 NIW (Employment-based 2nd preference National Interest Waiver) visa is a golden ticket to a US green card.
The chance to bypass the labor certification process and secure a job offer before applying often attracts a high volume of applicants.
While proving your work is in the US’s national interest is already an uphill challenge, EB-2 NIW rejections are still common for many applications. However, it isn’t the end of the road. You can still file a motion to reopen or reconsider your case or reapply with a stronger petition and supplementary documentation.
For now, let’s focus on the standard reasons EB2 NIW applications get rejected.
Failure to meet eligibility criteria
Misunderstanding the legal standards
Inconsistent or incomplete application
Lack of documentation or poor-quality evidence
Inadequate proof of national interest offerings
Weak letters of recommendation (LOR)
6 Common Reasons for EB2 NIW Visa Rejections
Here’s an elaborate explanation on the most common EB2 NIW rejection factors:
Failure to Meet Eligibility Criteria
This criterion primarily demands that applications own a high-level educational degree or a bachelor’s degree complemented by five years of progressive work experience. If none, you’ll need proof of your standout abilities in your line of work.
Things get tricky here since it isn’t always straightforward to prove that your work has substantial merit and is of national importance. Plus, if you aren’t well-positioned to advance your proposed endeavor and can’t confirm how it’ll help the US to waive the standard labor certification requirement—you’re likely getting a rejection.
For example, if your education or work experience doesn’t clearly qualify as “advanced” or “exceptional”, your application won’t make the cut.
2. Misunderstanding the Legal Standards
Underestimating the complexity of the application process will come to bite you back. Many applicants think their technical expertise will impress the interviewing officer; however, the decision is based solely on the evidence your petition showcases.
Additionally, some applicants aren’t aware they must meet both the eligibility for an EB2 and national interest waiver criteria. Such subtle misinterpretations will lead to EB2 NIW Rejections.
For example, you may believe your work is crucial in your field and sufficient for a national interest waiver. Unfortunately, failure to prove its broader positive impact on the US may be a reason for a request for evidence (RFE) by the USCIS.
3. Inconsistent or Incomplete Application
Submitting conflicting information or leaving gaps in your application will inevitably call for a rejection. The USCIS sees any such missing data as a red flag and won’t hesitate to send you an RFE.
For example, you claimed to publish a series of peer-reviewed articles but forgot to add copies or citations to back this up. Such inconsistencies will hurt your case.
Double check your petition and ensure to submit comprehensive arguments underscoring how your professional expertise can further fortify the US economy.
4. Lack of Documentation or Poor Quality of Evidence
Applicants who don’t present strong evidence of their qualifications, including academic records and recommendation letters from employers, are bound to receive a denial for their EB2 NIW visa.
The idea is to submit 100% credible evidence supporting your claims.
For example, you may provide generic letters of recommendation or forget to share your work’s impact (citations, patents, or media coverage). In this case, the USCIS might conclude that you haven’t substantiated your claims.
5. Inadequate Proof of National Interest Offerings
Arguably the most critical aspect of the EB2 NIW visa, you need to demonstrate how and why your work serves the national interest of the US. Many rejections occur because the petitioner fails to prove their work has higher significance beyond their immediate field.
For example, assume you’re a researcher working on new tech to revolutionize battery storage. Your visa application may only show your research is relevant to the private company you’re working for. Forgetting to mention its broader implications for national energy policies or infrastructure will cost you a rejection.
In short, failing to display compelling and sufficient evidence of your work’s national interest will lead to a visa denial.
6. Inefficient Letters of Recommendation
You need letters of recommendation from recognized experts in your field who can vouch for the credibility and impact of your work. Poorly written or lackluster letters won’t help your case.
For example, if these LORs simply praise you as a “hard worker” without emphasizing how your work has contributed to the national interest, the USCIS may reject your petition.
Additional Cases for EB2 NIW Rejection
Though the above reasons are amongst the most common, several other faulty steps lead to EB2 NIW visa rejections. From weak personal statements for education-based applicants to unclearly mentioned business plans for entrepreneur-based petitions, chances are you’ll need guidance to skip past these obstacles.
In 2016, the USCIS adopted a new framework for evaluating EB2 NIW petitions in the Matter of Dhanasar, which replaced the earlier Matter of New York State Department of Transportation (NYSDOT) standard. Failure to satisfy this three-prong test when applying for an NIW petition also leads to thousands of rejections.
Speak to an EB2 NIW Visa Reapplication Expert
Here’s a quick summary of this three-prong test:
Your work shouldn’t only benefit a limited geographic region or organization. It should ideally have broader national implications for a successful petition.
Claiming to work on groundbreaking technologies without showing evidence of past successes in your field can lead to a denied petition.
If the USCIS believes that a US employer can easily hire someone else for similar work, they may deny your petition.
Verdict
Regardless of your documentation type, ensure to clearly articulate your national interest argument. Furthermore, any misalignment between your background and proposed work can send your petition in the rejected pile.
Remember, if you already faced a rejection, don’t give up. Our EB2 NIW visa experts are familiar with the USCIS’s thought process and assessment criteria, considerably increasing your chances for a successful application.
Read More: Discover your options for Employment-based (EB) immigration to the US in 2024.
