Can my case be denied just because they believe I did not comply with the PERM formalities?

The EB-2 NIW (National Interest Waiver) visa was created specifically to allow highly qualified professionals to pursue permanent residency without relying on the PERM process, which is geared toward other types of employment-based immigration.

Thus, in the context of the EB-2 NIW, the analysis focuses on demonstrating that your qualifications and experience will significantly benefit the United States, without requiring compliance with the PERM formalities.

It is important to emphasize that each immigration process is evaluated according to its own criteria. If your case is being reviewed under the EB-2 NIW category, the failure to meet the specific requirements of PERM is generally not a reason for denial – as this step is not part of the requirements for this benefit.

However, if there is any failure to meet the specific EB-2 NIW criteria, such as proving the positive impact on the national interest, the application may indeed be denied. Therefore, it is essential to pay close attention to the guidelines and evidence required for the EB-2 NIW, investing time in preparing a robust dossier that demonstrates your qualifications and the relevance of your field to the United States.

Additionally, always seek updated information and professional support to avoid misunderstandings, falling victim to scams, or following marketing campaigns that promise unrealistic results. Strictly following immigration laws and regulations is essential for a successful 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.