Can they deny it if they believe the project will benefit my country more than the US?

The EB-2 NIW visa is an alternative for professionals with advanced qualifications or exceptional abilities who wish to work on projects that bring strategic benefits to the United States. The “National Interest Waiver” waives the requirement of a job offer, considering that the proposed activity offers significant advantages to the country.

In the context of the EB-2 NIW, it is essential that the project or work plan convincingly demonstrates how it will benefit the United States. If the analysis indicates that the benefits generated are more concentrated in your country of origin than in the US, this can be a negative factor in the petition evaluation. Immigration officers look for clear evidence that your proposal meets the United States’ national interest criteria.

Thus, if there is an impression that the initiative will bring substantial gains mainly to another nation, there is a risk that the petition will be denied. It is important to highlight that the EB-2 NIW criteria are aimed at projects that, in an innovative and high-impact way, contribute to the economic, scientific, or cultural development of the US. In this sense, although they may also benefit other regions or countries, the main argument must always be the positive impact on the US territory and society.

Therefore, it is essential to pay attention to the details of your application and gather evidence that unequivocally proves the potential benefit to the United States. Strictly following immigration laws and regulations, as well as seeking information from reliable sources and specialized professionals in the area, is an indispensable practice to avoid setbacks or falling into promises of easy results that often do not correspond to the reality of immigration processes.

Remember that each case has its particularities and the criteria can be rigorously analyzed. Staying well informed and acting in accordance with the official guidelines is always the best path for an adequate evaluation of your project in the context of the EB-2 NIW.

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.