Can I resume a withdrawn EB-2 NIW?

The EB-2 NIW visa is one of the immigration options for professionals whose experience and skills can significantly contribute to the United States. It is a process that requires attention to eligibility criteria and the careful preparation of documents.

Thus, it is very important to understand the nuances of the process, especially when it involves a petition that was, at some point, withdrawn. As a rule, an EB-2 NIW petition that was officially withdrawn cannot simply be “resumed” or reopened. When a petition is withdrawn by the applicant or closed by USCIS, it is considered closed, which means that the benefits or the assessment associated with that process cease to be valid.

However, if your desire is to continue the immigration initiative through the EB-2 NIW, you can file a new petition. This new submission must comply with the requirements in effect at the time of filing, demonstrating that you still meet the specific visa criteria.

It is essential to emphasize that every situation has its particularities. For example, if the withdrawal occurred by mistake or there was a relevant change in your professional situation, there may be possibilities to reevaluate strategies for a new process. In such cases, it is recommended to consult the official USCIS sources and be cautious, avoiding any material that promises guaranteed results in immigration processes.

It is worth remembering that, for any action in this regard, strictly following US immigration laws and relying on information from trustworthy sources is fundamental. Always seek help from professionals or specialized companies (without necessarily identifying yourself or presenting yourself as a representative) to guide you on the best way to proceed, preventing risks associated with scams and marketing campaigns that may promise miraculous solutions.

In summary, although it is not possible to “resume” a withdrawn EB-2 NIW petition, you have the option to submit a new application, provided that you continue to meet the necessary criteria and remain in compliance with the legal requirements of the process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.