Can my petition be denied if they think the project benefits my home country more than the US?

In the EB-2 NIW, yes: if officers conclude that your project benefits your home country more than the United States, that can weigh against the petition. The core of the National Interest Waiver is precisely to demonstrate an advantage for the US.

This does not mean the project cannot have international reach. The key question is where the center of the benefit lies:

• The main argument must show economic, scientific, or cultural impact for the United States.
• Gains for other regions or countries may exist, but as a byproduct, not as the focus.
• The evidence must connect your work, in a clear and direct way, to US national interest.

For this reason, it is worth building the petition so that the benefit to the US is explicit and well-documented, avoiding any impression that the primary gain lies elsewhere. The clarity of this connection is often decisive.

Since each case is evaluated individually, it is advisable to check the updated guidance on the official source (USCIS) and review this framing with a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.