Can USCIS deny my petition if it believes my project conflicts with U.S. policy?

In principle, yes. Under the EB-2 NIW, approval depends on demonstrating that your work serves the national interest of the United States. If the USCIS determines that a project runs counter to the country’s interests, priorities, or security, that works against the petition.

It helps to understand how the review works. The officer evaluates the full picture: the relevance and merit of the work, your ability to carry it forward, and the benefit it brings. A project that conflicts with public objectives undermines the central argument of the EB-2 NIW, which is the gain for the country.

Every case is unique and the decision is discretionary, meaning it is made in light of the current context and prevailing priorities. There is no fixed, exhaustive list of what would constitute a conflict. That is why the most productive approach is to build the case around the national benefit:

• Make clear the problem your work helps solve.
• Show concrete results and potential, not just intentions.
• Connect your contribution to a broad public gain, not to strictly private interests.

To understand how your profile is positioned, consult the official USCIS guidelines and discuss your strategy with a specialist before filing. Be wary of anyone who promises guaranteed approval.

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.