If my petition is denied, can I appeal?

Yes, receiving a denial on an EB-2 NIW petition does not necessarily mean the end of the process. There are paths to request that the decision be reconsidered, and the most important step is understanding which option applies to your situation.

Generally, the discussion centers on two types of requests: a motion to reopen (reopening, based on new facts and evidence) and a motion to reconsider (reconsideration, pointing out an error in how the law was applied to the facts already presented). Depending on the circumstances, there may also be the possibility of appealing the decision.

A few points deserve attention:

• The denial notice itself usually explains which options are available and the applicable deadlines.
• These requests have deadlines that must be strictly observed.
• Success depends on demonstrating, with evidence, why the initial decision should have been different.

For this reason, the first step is to carefully read the grounds for the denial in order to identify where there is room to respond. Since every case is unique, it is worth reviewing the options and deadlines in the official notice and discussing strategy with a specialist, always following USCIS guidance.

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.