Do I need to disclose that I was denied under another EB category?

Yes. If a form or interview asks about prior petitions, you must disclose a denial under another EB category. In the EB-2 NIW, transparency is a central part of the process.

The EB-2 NIW is designed for professionals with advanced or exceptional qualifications who can contribute to the national interest of the United States, and it waives the job offer and labor certification requirements. This does not change your obligation to provide truthful information to USCIS.

Omitting a prior denial can undermine the credibility of your petition and negatively affect the decision. The best course of action is to clearly disclose any prior proceedings and explain the circumstances and the reason for the new petition.

Because immigration rules are complex, it is worth checking the latest guidance on the USCIS website or consulting a specialist to build the best strategy with confidence.

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.