What if EB-2 is Denied?

Many people strive to fulfill the American Dream and come to the United States with a visa that allows them to become legal permanent residents and eventually citizens. Some never find a way to make that dream happen.

But for others, an EB2 visa represents a possible option. There are several other ways to obtain a visa that may lead to a green card. You can find out more by clicking this URL. But with so many factors, it is possible to be denied. Let’s find out what to do in the event your EB2 is denied.

Contents

1 What Is an EB2 Visa?
2 What If the EB2 Visa Is Denied?
- 2.1 Why May the Labor Certification Be Denied?
- 2.2 Why May the National Interest Waiver Result in a Denial?
3 Are There Any Options When the EB2 Visa Is Denied?

What Is an EB2 Visa?

There are cases where a particular business or professional organization is unable to find an American citizen to perform a specific job. A viable solution for them would be to turn their attention to foreign nationals who might fit the requirements of the position. This creates an employment immigration opportunity for a qualified professional.

A candidate who fits the qualifications for this job can immigrate to the United States. This would be through an EB2 visa, which is given to professionals who possess exceptional ability in their field, advanced degrees, or a foreign equivalent degree.

An EB2 visa is preferred by many foreign nationals when they are trying to get a work visa because their processing times are quicker than those of other visa categories.

What If the EB2 Visa Is Denied?

Several issues may result in a denial of an EB2 visa. These may range from your ineligibility as an applicant and errors committed when filling out required forms to submitting insufficient documentation to back up your application. The letter you receive stating that your visa application has been denied will explain the reason.

Denial can occur during any of the many steps required for an EB2 application. You may receive a denial because of:

Issues with the Permanent Labor Certification
Mistakes or omissions when filing the I-140 form – Immigrant petition for an alien worker
Problems with the National Interest Waiver
Issues that may arise during the adjustment of the status application

Why May the Labor Certification Be Denied?

The purpose of obtaining a labor certification is to prove that there are no qualified American workers who would be available to fill the position for which you are applying. This is to ensure that you would not be displacing a qualified US applicant.

It may be denied because form ETA 9089 was improperly filed or because the information included in the form raises a red flag.

Why May the National Interest Waiver Result in a Denial?

The NIW allows applicants to circumvent the need for a Labor Certification. You must prove that your skills would be of great benefit to the United States. To be granted an NIW, you would need to include acceptable reference letters and prove that you have exceptional ability, among other requirements.

Are There Any Options When the EB2 Visa Is Denied?

Fortunately, a denial does not mean the end of the process. You and your immigration attorney can explore other provisions that may result in the outcome you seek. An experienced immigration lawyer can argue your case as to why you deserve a favorable decision.