Professionals with advanced degrees or exceptional abilities can obtain permanent residency in the United States through the highly sought-after EB-2 employment-based visa. Visas are granted to many applicants, but some are denied for various reasons. It can be discouraging, expensive, and time-consuming to deal with these rejections.
The most common reasons for EB2 visa denials, how to improve your chances, and what to do if your petition is denied are explained here. By the end, you will be better prepared to submit a strong application and improve your chances of success.
Understanding EB2 Visa Denials
An EB-2 visa denial is the result of a determination by U.S. Citizenship and Immigration Services (USCIS) that an applicant does not meet the eligibility criteria for this visa category. Denials may be the consequence of ineligibility, insufficient documentation, employer-related issues, or errors in the application process.
Common Reasons for EB2 Visa Denials
1. Ineligibility for the EB-2 Visa Category
To qualify for an EB-2 visa, applicants must meet specific criteria under one of the following categories:
- Advanced Degree Requirement: Applicants must possess a foreign equivalent or a U.S. advanced degree. Individuals who possess only a bachelor’s degree are required to exhibit a minimum of five years of progressive post-bachelor’s degree work experience.
- Exceptional Ability Requirement: Applicants are required to demonstrate their expertise in their field by submitting evidence of high salaries, industry awards, or recognition that is significantly above the norm.
- National Interest Waiver (NIW) Requirement: NIW applicants must demonstrate that their work is of national significance, has substantial merit, and that they are well-positioned to advance their proposed endeavor.
⮞ How to Avoid This Denial: Before submitting an application, verify that you satisfy the eligibility criteria. Strong evidence demonstrating the national significance of your work is required when applying under the NIW.
2. Incomplete or Incorrect Documentation
Common documentation errors leading to denials include:
- Missing or inaccurate educational credentials
- Lack of detailed letters verifying work experience
- Errors in Form I-140 (Immigrant Petition for Alien Worker)
- Incomplete or insufficient evidence to support NIW applications
⮞ How to Avoid This Denial:
- Carefully review all required documents before submission.
- Have educational credentials evaluated by a recognized agency. (NACES Evaluations)
- Work with an immigration attorney to ensure accuracy and completeness in your application.
3. Labor Certification (PERM) Issues
For applicants who require permanent labor certification, common pitfalls include:
- Failure to properly advertise the job position per Department of Labor (DOL) regulations
- Inability to prove that there are no qualified U.S. workers for the role
- Errors in the recruitment process or PERM application
⮞ How to Avoid This Denial: Employers are required to submit precise PERM applications, conduct appropriate recruitment efforts, and strictly adhere to DOL guidelines.
4. Employer’s Financial Inability to Sponsor
A visa denial may result from an employer’s financial instability if they are unable to demonstrate their capacity to pay the offered wage.
Common reasons include:
- Insufficient revenue or assets to support the offered salary
- Inconsistent or weak business records
- Instability in the company’s financial standing
⮞ How to Avoid This Denial: Before proceeding with the petition, applicants should verify that their employer is financially stable. Employers are required to provide IRS tax filings, audited financial statements, or other evidence of financial stability.
5. Weak or Insufficient Evidence for National Interest Waiver (NIW)
For NIW applicants, a strong case must be presented. Common reasons for denial include:
- Failure to demonstrate substantial merit and national importance of the applicant’s work
- Insufficient evidence proving that the applicant is well-positioned to advance their endeavor
- Lack of justification for bypassing the labor certification process
⮞How to Avoid This Denial: Submit well-documented contributions to your field
Provide letters of recommendation from experts validating the significance of your work
Include evidence such as publications, awards, and media coverage.
How to Appeal an EB2 Visa Denials
If your EB-2 visa is denied, you have several options:
- Motion to Reopen or Reconsider: If new evidence is available or if an adjudication error occurred, you can request a review.
- Administrative Appeals Office (AAO) Appeal: If USCIS denies your petition, you may file an appeal within 30 days for most cases.
- Reapplying with a Stronger Case: Address previous weaknesses, gather additional documentation, and submit a new petition.
⮞ Pro Tip: Work with an immigration attorney to determine the best course of action for your case.
Final Thoughts
Applicants can prevent common errors by comprehending the reasons for EB-2 visa denials. For a petition to be successful, it is essential to have strong legal backing, employer stability, and thorough documentation. If you need further guidance, refer to USCIS resources or consult an immigration expert.
