The National Interest Waiver (NIW) green card allows foreign nationals with advanced degrees or exceptional abilities in certain fields to bypass the labor certification requirement if they can prove that their entry to the country would be in the national interest. However, not all NIW petitions are approved, and many applicants wonder if they can appeal a denied petition.
Before diving into the appeal process, it is essential to understand what a National Interest Waiver is and how it works. As mentioned earlier, an NIW allows qualified foreign nationals to obtain permanent residence in the United States without a job offer or labor certification. This is because their entry is deemed to be in the national interest, meaning that it benefits the country as a whole.
To qualify for an NIW, applicants must have an advanced degree or exceptional ability in fields such as science, arts, education, business, athletics, and even other fields. They must also demonstrate that their work has a substantial impact on the national interest.
NIW petitions can be denied for various reasons, such as insufficient evidence or failure to meet the eligibility requirements. Some common grounds for denial include:
• Inadequate documentation
• Failure to meet eligibility requirements.
• Lack of national interest
If your NIW petition has been denied, you may feel disappointed and unsure of what to do next. The good news is that you can appeal a denied NIW green card petition, but the process can be challenging.
To appeal a denied NIW petition, you must file a motion to reopen or reconsider with USCIS. This motion must provide new evidence that was not previously available, or address mistakes made in the previous decision. It is essential to note that an appeal does not guarantee a reversal of the decision, and it may take several months for USCIS to review your case.
As appealing a denied NIW petition can be complex and time-consuming, seeking the help of an experienced immigration attorney is highly recommended. In some cases, it may be more beneficial to refile the NIW petition instead of appealing. An immigration attorney can assess your case and advise you on the best course of action.
If you have questions relating to immigration, we would be happy to review your case, guide you through the necessary legal procedures , and answer any questions you have about your application.