It is only natural to feel stressed and anxious at the vicious thought of “What if my National Interest Waiver application gets denied?” While navigating the intricacies of the EB-2 NIW visa application process can be daunting on its own, the looming fear of rejection can transform the endeavor into an inexplicably challenging feat. Some might even get discouraged from pursuing the visa, rendering their efforts pointless due to the uncertainty of acceptance. This is precisely why it is important to have a prior understanding of the factors that could result in your visa denial.
As we already know, individuals with an advanced U.S. degree (a baccalaureate or foreign equivalent degree plus five years of post-baccalaureate, progressive work experience in the field) or outstanding expertise in arts, sciences, or business can qualify for the employment-based second preference or EB-2 visa. By attaining this visa, you will be able to live in the United States permanently and work on your aspirations. However, your dreams can plummet to the ground if you cannot paint a clear picture of your proposed endeavor.
The proposed endeavor statement is the heart of your NIW petition. A lacking, vague statement can make the USCIS believe that your work is insignificant, which could endanger your visa application. In order to steer clear of a denial notice, you must provide the USCIS with a concrete proposed endeavor statement that will contain but not be limited to (1) a clear indication of what you aim to do, (2) a well-thought-out and detailed descriptions of the steps you will be taking to achieve your goals, and (3) a comprehensive explanation of how your undertaking will contribute to the national objectives of the U.S., ensuring its substantial merit and national significance.
Note that USCIS focuses on how your proposed initiative would be of importance to the United States. Hence, it is possible that USCIS will reject your application if you do not adequately show the breadth and depth of your work’s influence or how it will advance research in your area. They might even argue that your project(s) will only benefit you and the organization you will be affiliated with and will not have any impact on the country. For instance, if you aim to work in cybersecurity but cannot demonstrate how your work will expand the realm or offer unique services not currently available in the U.S. cybersecurity field, USCIS may view the impact of your work as limited, leading to visa denial.
Another instance that may get your visa application denied is the lack of evidentiary support in showcasing your capabilities to advance the proposed endeavor. Along with a strong academic background, a track record of achievements in previous projects related to or similar to your future aspirations will be crucial for establishing your caliber. These accomplishments can include groundbreaking research findings and contributions to the growth of past organizations you were involved with. Basically, anything that substantiates your competency for advancing your future endeavors will strengthen your case with the USCIS officer. Negligence in this area could potentially lead to rejection.
Unsupported claims within a petition are heavily frowned upon and could very well be a determinant for NIW visa rejection. Assertions (whether from you, your counsel, or recommenders) that do not include objective documentary evidence fail to meet the burden of proof required by USCIS rules. Your petition should only contain statements backed by evidence. For example, if it states that you are a significant figure in the field of cybersecurity without any documentation, or if your recommenders argue that you have made a remarkable contribution to their organization, but there is no evidence to support this claim, doubts may arise regarding your competency, ultimately jeopardizing your application. Therefore, to steer clear from the path of visa rejection, it is in your best interest to refrain from such statements that lack specific examples of how your work or findings influence the field beyond adding to the general knowledge.
