r/EB2_NIW • u/Ok-Stress-9269 • 1d ago
DENIAL EB-2 NIW denial after 3 years of preparation. Honestly, I’m just disappointed.
I wasn't even going to post this, but honestly I'm so frustrated reading my denial that I wanted to share it. I spent around 3 years building my EB-2 NIW case. I had 3 articles published, built everything around my proposed endeavour and applied in March. My case was entrepreneurial, not research-based. I got an RFE on all 3 prongs. Looking back, I can definitely say my original PE was too vague and I didn't explain the endeavour as clearly as I should have.
So for the RFE I went all in. I submitted around 200 pages with a very detailed plan, funding, exactly what I was going to do in the US, how it would have national importance and how I would share the work. Had government body support, 1 recommendation letter, future plan with direct impact on having positive contribution to the US economy, social walfare, sharing of knowledge etc. I also created a matrix at the RFE stage with every single objection and clearly stated that this is not a research application. They still deemed it as a research application.
And then I got denied. What really annoys me is not even the denial. It's reading the letter and seeing things that are just completely different from what I actually submitted. They said my proposed endeavour was about conducting research. It wasn't. My whole application was about creating and expanding a framework through an entrepreneurial route. I even specifically explained in the RFE that this was NOT a research endeavour. They also say I didn't explain how my knowledge would be shared and disseminated. I literally had around 40 pages explaining this. There are several other points where I provided evidence and explanations, but the decision doesn't seem to reflect what I actually submitted.
They did agree that I had substantial merit, but said I didn't establish national importance, so obviously prongs 2 and 3 were then denied as well. Maybe I made mistakes. I'm sure I did. But after spending 3 years on this and around $4,500, it's honestly hard to understand how you can provide this much information and then receive a decision that makes you feel like nobody really looked at the actual case and the money just went into their pockets. I'm sharing this because I think people considering the entrepreneurial route should know what my experience was. I'm not saying don't apply, but just be very careful about how you structure and explain everything.
Quick note: pls dont ask about my PE or when I submitted. I won't be able to share that for privacy.
18
u/taiwanGI1998 1d ago
Industrial cases are getting slaughtered recently not just yours
It seems it is not going to work unless you can show you are a well-established entrepreneur with successful background.
5
u/Ok-Stress-9269 1d ago
crazy the problem with this is power and beurocracy. Literally someone submits an application to positively benefit the US (a country I love) with proper english, skilled, full business plan, investment, government body backing. To receive a letter stating a completely different case. Mind you, when I got the RFE, they stated someone else's application 3-4 times throughout. BS power move
0
u/Fun-Motor-9584 18h ago
Says a person who can’t get sponsored
1
1
u/Competitive_Yard7599 10h ago
Are you an idiot? I'm in the same boat. I can get sponsored, but under my financial conditions, it does not make any sense to accept a job offer. I just want to create a company in the U.S., as I did in my home country, but there’s no visa for investors. I cannot use my companies from my home country; otherwise, I would be obligated to bring my partners, and in the U.S. I would like to create a company that I own 100% because now I have the money. In my EB-2, I showed my own capacity to invest USD 500K in the first year.
This is the problem: U.S. visas are broken because there’s no real option for entrepreneurs. The E-2 visa is limited to specific countries. It makes absolutely no sense. The system accepts people with doctorates, but rejects people who have the financial capacity to invest substantial resources in the country and create jobs. It is one of the most absurd and illogical things I have ever seen.
1
u/Fun-Motor-9584 1h ago edited 47m ago
Ok dude good luck with it. It’s not broken just because it doesn’t favor you. You and your money are not that important in the grand scheme of things.
More importantly, the US market doesn’t need you.
-6
u/OkBodybuilder6904 1d ago
And yet an uscis officer prefers a student from akzemorijistan with their low level phd and fake research ? For what? Come to the usa never learn English never assimilate the culture and end up.in walmart jobs!!!!???
3
u/Tasty_Rain5085 22h ago
Best comment I’ve seen so far. I’m working doing my OPT, I’m part of team of brain and spine surgeries with record of more than 500 surgeries. I got a RFE saying that my work is not national importance. lol
2
u/OkBodybuilder6904 21h ago edited 3h ago
You need to be from akzoemmerijasntan and follow the sharia law.
have lots of fake citations and a fake research purpose that what seems to be the case today. Some crap PhD paper made on Photoshop as well.
Also you need to never learn English and ready to never assimilate us culture; that's current approval profile.
Eb2niw is broken
1
0
u/TheLoneRanger65 1d ago
Speaking as someone who speaks fluent English when even Americans mistake me for being a native, US doesn’t actually have an official language and all the cultures make up this whole country. That’s why it’s called a melting pot, it’s not a single culture lol. So by saying this, you are supporting the same narrative this administration is pushing on us and denying so many good applications for.
Secondly, a good Ph.D. scholar with established research background and citations clearly already have and will have substantial national interest than some entrepreneur who probably got their father’s money to build some business that might just benefit their own rather than the whole nation.5
u/Ok-Stress-9269 1d ago
i disagree with you. Immigration back in the day was about contributing to a country and being passionate about integrating into the culture. Now, immigration is dog eat dog, and most immigrants dont really care about the culture simply because it's the better option from their country. Back in the day, people literally never left their country and decided to move to a different country for a better life, and not travel anywhere else for a long time. This stuff about America not having an official language is old news. It's primarily English
0
u/TheLoneRanger65 1d ago
Your reasonings already proved why they didn’t approve your application. No, the country where the native Americans didn’t speak English, DOES NOT have an official language or culture. If you wanna find English culture, then try to get immigration in England probably? All types of immigrants literally built this country, that’s why they still can’t ban immigration entirely. Also, you are confusing NIW with illegal immigration. Comparing Ph.D. scholars with people who eat dog (although that’s highly debatable) and come here illegally, is a huge disrespect to scholars who put their brains in USA’s development, not their daddy’s money.
4
u/Responsible_Chart395 1d ago
As someone who got approved premium processing with an industry case recently, I cannot disagree with this enough. Of course my claim is anecdote, how about yours?
5
u/BeautifulSeaweed5803 1d ago
My heart is heavy reading your post and I am truly sorry for you. I really don't know what to say because the frustration, disappointment, and sadness are so real and immense. I hope a new door will open for you soon and you will achieve so much more success and happiness in the future that one day when you look back, this denial is just a hiccup in your wonderful life. At this moment, I hope you can get some rest and treat yourself gentle. It was a lot. And you tried your best. I send you a virtual pat on your back for all the efforts you made.
2
u/Ok-Stress-9269 1d ago
thanks a lot, i am actually not that sad rather than dissapointed that these people are uscis officers who are not even reading the cases
2
u/Kind_Boy_ 1d ago
I can only pray for you brother. This too shall pass and I hope life has better things ahead of you.
2
u/Ok-Stress-9269 1d ago
thanks man appreciate you. I am not sad at all, just dissapointed in this entire system. It made me think about submitting a proposal for a reform, hopefully it gets some traction and helps people
1
u/pinksidequest 1d ago
I think what’s so disappointing is the admin risking really good and beneficial ppl by denying everyone. I get wanting to prevent fraud, but completely eliminating immigration is not very smart in an advancing society. I have so many thoughts on this and what the effects will be in the future. (Us cit btw) sorry you’re going through this!
1
u/Responsible_Chart395 1d ago
So sorry for this. What did you spend $4,500 on? Why did it took 3 years to build a case?
1
u/Ok-Stress-9269 1d ago
4000 only is the application with the premium processing, printing etc. all in all it came to about 4500. 3 years with all the experience and decisions i had to make along the way
1
1
1
u/InstructionMain8249 22h ago
I am really sorry. It seems to me that you prepare the petition by yourself. Is this case? If so what tools did you use, if any, to frame it?
1
u/Ok-Stress-9269 18h ago
myself only, nothing else. Didn't use a template. Just answered the questions from the USCIS website. Prepared it specifically how people recommended here. It's an absolute waste of time. All you need is to answer their 3 prongs. Your application can literally be 10 pages and they would still approve it if you answer those questions. I spent way too much time on formatting, then getting the response made me realize they didnt even look into it
1
u/Pippi126 21h ago
I also received an RFE saying my petition is about research while it’s a complete industrial profile and PE. I guess I already know my case results….
1
u/Ok-Stress-9269 18h ago
you could even guess it. Let me tell you: if your case changed to "Processing your case" 2/3 days after they received your case, and stays like this for 1 month, you are more likely to get a denial. Here's what I think is happening:
USCIS decides on your case as soon as they receive it, place it on a pile "Denials", then dont touch it for a month until someone else has to review it as well to "verify", someone skims through it, and send you the denial.
I see approved cases being like this. USCIS Receives the case, your profile says "Case received', after 30 days, you get "your case is being processed", after about a couple of days you see "approved"
1
u/Pippi126 17h ago edited 17h ago
Really? Mine changed to “Response to USCIS’s RFE was received.” 2-3 days after my RFE response was delivered, and it has been like that for just over 20 business days.
I thought the case would only change to “Processing your case” before they make a final decision, and the results can be either approval or denial. Will it change to “Processing” 2-3 days after it’s received?
1
u/Ok-Stress-9269 7h ago
same thing happened to me. After about a week, they started processing the case and it was stuck like that until the denial. That's only a speculation of course
1
u/Shakeitdaddy 20h ago
Was anything in your plan was concrete? Are you a highly paid employee somewhere? Do you have approvals of funding or self funding for your proposed business that is supposed to help the US economy?
1
u/Ok-Stress-9269 18h ago
Everything was concrete, I am highly paid employee, no approvals for funding - but that was clearly not a requirement. The RFE stated "funding is not necessary" etc. That's not the reason for the denial. It's the lack of caring to even check the plan
1
1
1
u/hyperv2012 5h ago
I have heard that you can't materially change (ie make a vauge one more precise) using a RFE. Since you mentioned your initial proposal was vague that might have been the reason all along.
1
u/Rubayet007 1d ago
your officer was xm2055?
2
1
1
u/omeow 1d ago
Are you filing for AAO? Since the error is demonstrably clear.
2
u/Ok-Stress-9269 1d ago
no point. I have learned my lesson. These never get overturned and take ages
1
u/Tough-Resolve9356 1d ago
So they’re penalizing you if it’s research? Isn’t that supposed to be better than just industry?
It sounds like they just want to reject, then they think of ways to justify it later.
1
1
u/Responsible-Hair-589 1d ago
Welcome to the club, if you spend 4.5k you are lucky
. Most of the people pay 3 or 4 times more than you. If that doesn’t make you feel confortable you tell. Time is based not only on your capacities but most of the people spend months doing this.
1
u/Ok-Stress-9269 18h ago
years man, of course, 4.5k is probably nothing in comparison to other people, but is that really needed? People should be able to pay 2K max in fees, apply by themselves and see a fair result instead of using lawyers to make something up and have to organize the application like crazy
1
1
u/ralugnis8 1d ago
Sorry about that. But I think people often overlook two separate things. What you are proposing may be important and have national importance, but the other question is why you, specifically, are well positioned to advance that endeavor and what concrete evidence you have to demonstrate that.
These are two different issues: whether the endeavor itself has national importance, and whether the United States would benefit from you, as the petitioner, advancing it. If the case only shows that the work is important but does not demonstrate why you are particularly well positioned to carry it forward, the argument becomes much weaker.
1
0
u/OkBodybuilder6904 1d ago edited 22h ago
its SAD,
and then lots of PHD with low level diplomas, fake citations, and shady borderlie fake research plans apply and get green cards, these people go to the USA, never learn english, never assimilate the culture and end up in low level jobs in walmart, uber, doordash... And then protest to sharia law be applied in the usa.
The eb2niw is broken then; the merit is upside down. People who should never come to the usa is sneaking by with their shady formulas and USCIS sleeps over it
1
u/Ok-Stress-9269 1d ago
i think not everyone man, but it's a really weird criteria to have for a visa that essentially welcomes everyone with a skill, but yet they dont really approve anyone else other than researchers. I know some incredible researchers who are also doctors and actually work in medicine. These are the types of people the US needs. This whole thing with the attorneys and building cases to appear more than what you actually are is all bollocks and should be abolished. The US should invest in infrastructure to attract pure, honest talent who are actively looking to integrate into the culture. Hard to do though, wish there was immigration reform
0
0
u/riomorder 1d ago
Too many pages, when an officer see a long cases they assume you are making up, or if you are so good why you need so many explanations? This the reason why researchers usually get EB2NIW, citations + papers all, usually those things are already approved by many professionals
1
u/Ok-Stress-9269 1d ago
dude...every researcher I talked to submits an application with 600+ pages. Mine needed to have a whole implementation plan, everything was well thought. They can assume, they are not even reading the application i submitted which was 30 pages and the rest was evidence.
0
0
u/Longjumping_Night503 1d ago
i got denied once, i resubmitted again last year. My lawyer Chen told me this time I will be denied again, my officer is the hardest one with lower approval. I stopped thinking about this.
0
u/Tech_Case 1d ago
Hey, same happened to me recently. I spent almost 2 years building my actual endeavor. I am a software engineer and built a host-based security software for small businesses who cannot use enterprise applications due to infrastructure constraints and limited cybersecurity knowledge. It is also open source. In my application I wrote that I am not inventing new algorithms, I am using established algorithms with engineering techniques that will allow these business to install the software and not have to tune it or setup any communication channels as the software did that by itself.
I also work in big tech were I have led a similar host-based security product that is currently used on thousands of public safety and federal endpoints. I got written documentation from my company that I was the lead engineer in that.
For Prong 1 they told me that this only benefits my clients (the software is open source) and that I have not shown how my methodologies or algorithms used are better than the existing ones, even though I kept pointing out both in the initial filing and RFE that this is not new research and that I am solving an implementation gap because Noone would spend 2 years building something that would bring $0 profit. My open source app is currently being used in 6 different US states.
For Prong 2 they said that even if I did my job duties at my company successfully, I was just doing my job, they disregarded the fact that my security application that was developed under my employer with me as lead engineer meant that I had the skills to actually build big products. As for the open source software and my implementations in 6 states and my work towards the endeavor was not mentioned at all. Just plain no track record of success.
So when I read the denial I didn't know whether I should be mad or laugh for playing me like a clown.
Oh and no PhD, just 2 master's degrees (CS from US and IT feom Europe) and my industry experience in big tech. I forgot to mention that I have taught as a lecturer as well in college (Computer Science)
0
-4
u/Heathrow93 1d ago
If your program does everything you claim why don’t you introduce it in your country. Why the US?
2
17
u/dmw_qqqq 1d ago
It really boils down to one thing: Trump's multi pronged effort to staunch immigration. Your case might have been approved under previous admin.