Being denied an EB2-NIW visa can be one of the most traumatic situations for anyone wishing to live in the United States, but all is not lost.
There are still steps you can take to have your case reviewed, however, as this is a complex process, it is recommended that you contact an immigration consultancy, such as D4U Immigration, to help you from the outset.
Want to find out what to do if you’re denied a visa? Then read on to find out how to proceed in each case.
EB2-Niw denied: how to proceed?
When the EB2-NIW visa visa is denied, there are basically two options: appeal and reapplication.
Learn more about each of them below:
Appeal
The first option is to start an appeal process, i.e. to challenge the decision formally.
This measure is only appropriate when you are convinced that the decision to deny your visa was wrong and you know that you can just present more documents to prove your case.
Most of the time the appeal is denied, so this can be a strategy to save time, but not a definitive solution.
It is worth noting that the appeal procedure can be lengthy and complex, so it is highly recommended to seek the support of a reliable immigration consultancy, such as the renowned D4U Immigration.
Reapplication
Another viable alternative is to reapply for a visa. It is crucial to carefully analyze the reasons that led to the refusal and improve your next application based on the feedback received. For this reason, it is essential to carry out immigration planning in order to minimize the chance of a problem.
We know that immigration officials have the autonomy to deny an EB2-NIW visa applicant, so at D4U you are contractually entitled to a reapplication by paying only the USCIS fees and simple and certified translations of 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 in which the EB2-NIW visa can be denied, including the following situations:
Not meeting NIW requirements
The EB2-NIW visa requires applicants to meet the criteria established for the National Interest Waiver (NIW).
If applicants do not meet the NIW requirements requirements or fail to provide sufficient evidence that they qualify for the national interest exemption, this may result in the visa being denied.
Not enough evidence
All applicants for the EB2-NIW visa must present solid evidence to prove that they meet the established requirements.
If they are unable to provide adequate and convincing documentation attesting to their eligibility, it is likely that the visa will be denied.
Therefore, it is extremely important to seek the support of a specialized and proven agency, such as D4U Immigration, which has in-depth knowledge of the process and can help you compile a robust, complete application that is more likely to be 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 diploma, 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 to practice your profession or certification for your profession or occupation;
- Evidence that you have received an above-average salary in your field or other remuneration for services that demonstrate your exceptional ability;
- Membership of a 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 do I apply for an EB2 NIW visa?
To begin the process of applying for an EB2-NIW visa, you must first gather all the necessary documentation to prove that you meet the requirements. In fact, this is one of the procedures for those who wish to to work in information technology in the USA.
After this, the I-140 form is submitted to the USCIS, the US Citizenship and Immigration Service.
This stage can be complex, which is why it is recommended to rely on an immigration consultancy, 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 individually.
See also: what is needed to transporting pets to the United States.
What documents do I need to apply for an EB2-NIW visa?
The documents required to apply for the EB-2 visa include:
- Diplomas and certificates ;
- Letters of reference and evidence of at least 5 years’ experience in your field;
- Evidence, such as awards, publications in vehicles, recognition within the field;
- Association registration documents with the trade association;
- Licenses to work in your field;
- Proof that you have/had an above-average salary for your career position;
- Documents proving that your work is in the national interest of the USA.
Secure your EB2 NIW visa with the help of D4U Immigration
With 99% of EB2-NIW visa applications approved, D4U Immigration has all the support you need to live in the United States. Another highly sought-after visa, which our consultancy provides full assistance for, is for those who wish to to live and work in Dubai.
Our team is on hand to carry out a free analysis of your case and provide appropriate guidance throughout the process. There are already more than 7,000 beneficiaries and you could be next!
To find out more, click on the link below:
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Conclusion
The EB2-NIW visa is an excellent opportunity for qualified professionals who wish 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 reapply.
That’s why it’s essential to enlist the help of experienced professionals, such as the experts at D4U Immigration, to increase your chances of success.
Together, we can make your dream come true! Contact us for a free analysis of your case.