Having an EB2-NIW visa denied can be one of the most traumatic situations for anyone wishing to live in the United States, however, calm down, not all is lost.
There are still steps you can take to get your case reviewed, however as this is a complex process it is recommended that you contact an immigration advisor such as D4U Immigration to help you from the start.
Want to find out what to do in case of visa denial? Then continue reading to find out how to proceed in each case.
EB2-Niw denied: how to proceed?
When the EB2-NIW visa is denied, there are basically two options for action: appeal and reapplication.
Learn more about each of them below:
Appeal
The first option is to initiate an appeals process, that is, challenge the decision formally.
This measure is only suitable when you are convinced that the decision to deny the visa was wrong and you know that all you have to do is present more documents to prove your case.
Most of the time the appeal is denied, so this can be a strategy to buy time, but not a definitive solution.
It is worth noting that the appeals procedure can be lengthy and complex, so it is highly recommended to seek support from a reputable immigration consultancy, such as the renowned D4U Immigration.
reapplication
Another viable alternative is to reapply for your visa. It's crucial to carefully analyze the reasons for the denial and improve your next request based on the feedback you receive. For this reason, it is essential to make a immigration planning in order to minimize the chance of causing problems.
We know that immigration officials have the autonomy to deny an applicant for an EB2-NIW visa, so at D4U you have in contract the right to reapplication paying only the USCIS fees and simple and certified translation any extra documents, such as new diplomas, that were acquired after the first application.
In what situations can EB2 be denied?
There are several circumstances under which an EB2-NIW visa may be denied, including the following situations:
Not meeting NIW requirements
The EB2-NIW visa requires applicants to meet the established criteria for the National Interest Waiver (NIW).
If applicants do not meet the NIW requirements or are unable to provide sufficient evidence that they qualify for the national interest exemption, this may result in visa denial.
Not presenting enough evidence
All EB2-NIW visa applicants must present solid evidence proving they meet the stated requirements.
If they are unable to provide adequate and convincing documentation attesting to their eligibility, the visa is likely to be denied.
Therefore, it is extremely important to seek the support of a specialized and proven efficient agency, such as D4U Immigration, which has in-depth knowledge of the process and can assist in compiling a robust, complete application with a better chance of being accepted.
What are the requirements for the EB2-NIW visa?
The main requirements for the EB2-NIW visa include:
- Official academic record showing that you hold a degree, certificate or similar award from a college, university, school or other educational institution related to your field;
- Letters from current and/or previous employers documenting at least 10 years of full-time experience in your occupation;
- A license or certificate to practice your profession or occupation;
- Evidence that you have received an above-average salary for your area or other remuneration for services that demonstrates your exceptional ability;
- Affiliation with professional association(s)
- Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
How to apply for EB2 NIW visa?
To begin the EB2-NIW visa application process, you must first gather all the necessary documentation that proves you have met the requirements. In fact, this is one of the procedures for those who want work with information technology in the USA.
After that, the I-140 form is submitted to the USCIS, the US Citizenship and Immigration Service.
This step can be complex, so it is recommended to rely on an immigration advisor, such as D4U Immigration, which has extensive experience and a high approval rate.
Is the EB2-NIW visa a good option for Brazilians who are already outside Brazil?
Yes, the EB2-NIW visa is an excellent option for Brazilians who are already outside Brazil, especially if they have a high level of qualification and experience in their field.
However, it is important to be aware that approval is not guaranteed and each case is assessed on an individual basis.
See also: what is needed to transport pets to the United States.
What documents are required to apply for an EB2-NIW visa?
Documents required to apply for an EB-2 visa include:
- Diplomas and certificates;
- Letters of references and evidence of at least 5 years of experience in your field;
- Evidence, such as awards, publications in vehicles, recognition within the area of expertise;
- Association registration documents in the class entity;
- Licenses to work in your area;
- Proof that you have/had an above-average salary for your career position;
- Documents that prove your work is of national interest to the US.
Secure your EB2 NIW visa with help from D4U Immigration
With 99% of approved EB2-NIW visa applications, D4U Immigration has all the support you need to live in the United States. Another highly requested visa, which our consultancy provides full assistance to, is for those who wish to live and work in Dubai.
Our team is available to carry out a free analysis of your case and provide you with adequate guidance throughout the process. There are already more than 7,000 beneficiaries and you could be the next!
To learn more, click on the link below:
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Conclusion
The EB2-NIW visa is an excellent opportunity for qualified professionals who want to live in the United States.
However, the process can be complex and in some cases the visa can be denied. If you have this dream or goal, the recommendation is to go ahead and reapplication.
For this reason, it is essential to have the help of experienced professionals, such as the specialists at D4U Immigration, to increase your chances of success.
Together, we can make your dream a reality! Please contact us for a free analysis of your case.
