What happens if my EB-2 NIW petition is denied?

A denial of the EB-2 NIW does not end your journey. The first step is to read the decision carefully, as it usually details the reasons for the denial, typically tied to evidence considered insufficient or to differences in how the requirements were interpreted.

From that review, there are two main paths:

• Appeal the decision, requesting a motion to reopen or reconsider, with arguments and documents that clarify the questioned points.
• File a new petition, reorganizing the case and reinforcing the evidence that your work has merit and national relevance.

In either path, deadlines and procedural requirements are set by the competent authority and change over time, so it is worth confirming the current procedure with the official source (USCIS). Be wary of promises of guaranteed approval.

Since each case is assessed individually, it is often worth reviewing the strategy with a specialist before deciding between appealing and refiling, in order to build a more solid path.

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.