Key Takeaways
• You can file multiple EB-2 NIW petitions after rejection with no legal limit.
• Review USCIS denial notice carefully to address all rejection reasons in your new petition.
• Each new petition requires a new Form I-140 and $700 filing fee as of 2025.
If your first EB-2 NIW petition is rejected, you might feel discouraged or confused about what to do next. The good news is that you can file another EB-2 NIW petition, and many applicants do so successfully. This guide will walk you through the entire process, step by step, so you can improve your chances of approval the second time around. You’ll learn what went wrong, how to fix it, and what to expect at each stage. By following these instructions, you’ll be better prepared to submit a strong new petition and avoid common mistakes.
Purpose: Why File Another EB-2 NIW Petition After Rejection?
The EB-2 National Interest Waiver (NIW) is a popular path for people with advanced degrees or exceptional ability who want to live and work in the United States 🇺🇸. If your first EB-2 NIW petition is rejected, you are not alone. Many applicants face rejection, often due to missing documents, weak evidence, or not meeting the strict requirements. However, there is no legal limit on how many times you can file an EB-2 NIW petition. Each new petition gives you another chance to show that your work is in the national interest of the United States 🇺🇸.
Filing again is not just allowed—it’s often the best way to fix mistakes, add stronger evidence, and finally get the approval you need to move forward with your immigration journey.
Step 1: Review the Denial Notice
Before you do anything else, carefully read the denial notice from USCIS. This letter explains exactly why your first EB-2 NIW petition was rejected. Understanding these reasons is the most important step, because your new petition must directly address every problem listed.
What to Look For:
- Missing Documents: Did you forget to include a key form or piece of evidence?
- Weak Evidence: Did USCIS say your evidence was not strong enough to prove your qualifications or national interest?
- Legal Issues: Did you misunderstand a rule or requirement?
- Incomplete Forms: Was your Form I-140 missing information or signatures?
Time Estimate: 1-2 days to read and understand the denial notice.
Tip: Take notes on each reason for rejection. You’ll use this list to guide your new petition.
Step 2: Gather Additional and Stronger Evidence
Once you know why your first petition was rejected, it’s time to collect new or better evidence. This is your chance to fix the problems and show USCIS that you meet all the requirements for the EB-2 NIW.
Types of Evidence to Consider:
- Letters of Recommendation: Get new letters from experts in your field who can clearly explain why your work is important to the United States 🇺🇸.
- Awards and Honors: Include proof of any new awards or recognition you’ve received since your last petition.
- Publications and Citations: Show that your work has been published or cited by others.
- Proof of Impact: Provide evidence that your work has made a difference in your field or benefits the United States 🇺🇸.
- Updated Resume or CV: Make sure your resume is current and highlights your most impressive achievements.
Time Estimate: 2-4 weeks to gather and organize new evidence.
Tip: Make a checklist of all the evidence you need. Double-check that each item directly addresses a reason for your previous rejection.
Step 3: Prepare a New Form I-140 Petition
You must complete a new Form I-140 for your new EB-2 NIW petition. This form is the official way to ask USCIS to consider your case. You cannot reuse your old form or combine different visa categories on one form.
- Download the latest Form I-140 from the official USCIS website.
- Fill out every section carefully. Make sure all information is accurate and matches your supporting documents.
- Sign and date the form where required.
Time Estimate: 1-2 days to complete the form.
Tip: Review the official USCIS instructions for Form I-140 to avoid mistakes.
Step 4: Pay the Required Filing Fee
Each new EB-2 NIW petition requires a separate filing fee. As of 2025, the standard fee for Form I-140 is $700. Check the USCIS fee schedule for the most up-to-date amount.
- Prepare a check or money order made out to “U.S. Department of Homeland Security,” or pay by credit card if allowed.
- Include the payment with your petition package.
Time Estimate: 1 day to arrange payment.
Tip: If you send the wrong fee, your petition will be rejected without review.
Step 5: File With the Correct USCIS Service Center
USCIS has different service centers that handle Form I-140 petitions. Where you send your petition depends on your place of residence or, in some cases, your employer’s location.
- Check the USCIS Direct Filing Addresses for Form I-140 to find the right address.
- Mail your complete petition package (form, evidence, fee) to the correct service center.
Time Estimate: 1-2 days to prepare and mail your package.
Tip: Use a trackable mailing service so you can confirm delivery.
Step 6: Monitor Your Case Status
After you file, you’ll receive a receipt notice from USCIS with a case number. Use this number to track your case status online at the USCIS Case Status page.
- Check for updates regularly.
- Respond quickly if USCIS asks for more information.
Time Estimate: Ongoing, from filing until decision (usually several months).
Tip: Save all USCIS notices and emails in a safe place.
Step 7: Consider Legal Assistance
While you can file an EB-2 NIW petition on your own (self-petition), many applicants find it helpful to work with an experienced immigration attorney. A good lawyer can:
- Review your denial notice and help you understand what went wrong.
- Suggest ways to strengthen your new petition.
- Prepare legal arguments that address USCIS concerns.
- Help you avoid common mistakes that lead to rejection.
Time Estimate: 1-2 weeks to find and consult with an attorney.
Tip: Choose an attorney who specializes in EB-2 NIW petitions and has a strong track record.
Common Pitfalls and How to Avoid Them
Filing a new EB-2 NIW petition after rejection is not just about sending more documents. Many applicants make the same mistakes again, leading to repeated denials. Here are the most common pitfalls and how to avoid them:
- Not Addressing All Rejection Reasons: If you don’t fix every problem listed in your denial notice, your new petition will likely be rejected again.
- Weak or Generic Evidence: USCIS wants specific, detailed proof that your work is important to the United States 🇺🇸. Avoid using the same letters or documents as before without improvement.
- Incomplete Forms or Missing Signatures: Double-check every page of your Form I-140.
- Wrong Filing Fee or Address: Always check the latest instructions on the USCIS website.
- Ignoring Priority Date Issues: If your first petition was denied, you must establish a new priority date with your new filing.
- Not Keeping Copies: Always keep copies of everything you send to USCIS.
Troubleshooting: What to Do If You Face Problems
Even with careful planning, problems can arise. Here’s what to do if you run into trouble:
- No Receipt Notice: If you don’t get a receipt notice within 2-3 weeks, contact USCIS customer service.
- Request for Evidence (RFE): If USCIS asks for more information, respond by the deadline with clear, organized documents.
- Second Rejection: If your new petition is rejected again, review the new denial notice and consider consulting a different attorney for a second opinion.
- Visa Retrogression: If your country’s EB-2 visa numbers are not current, you may have to wait longer before filing for adjustment of status (Form I-485).
Checklist Summary: Steps to Refile Your EB-2 NIW Petition
Use this checklist to make sure you’ve covered every step:
- Read and understand your denial notice.
- List every reason for rejection.
- Gather new and stronger evidence for each issue.
- Download and fill out a new Form I-140.
- Prepare the correct filing fee.
- Mail your petition to the right USCIS service center.
- Track your case status online.
- Respond quickly to any USCIS requests.
- Consider working with an immigration attorney.
- Keep copies of all documents and notices.
Time Estimates for the Entire Process
- Reviewing Denial Notice: 1-2 days
- Gathering Evidence: 2-4 weeks
- Preparing Form I-140: 1-2 days
- Arranging Payment: 1 day
- Mailing Petition: 1-2 days
- USCIS Processing: Several months (varies by case and service center)
- Attorney Consultation (optional): 1-2 weeks
Total Time: About 1-2 months to prepare and file, plus several months for USCIS review.
Important Reminders and Official Resources
- You can file multiple EB-2 NIW petitions if needed, but each must be complete and address all previous issues.
- There is no limit on the number of times you can file, but repeated denials without new evidence may hurt your credibility.
- Self-petitioning is allowed—you do not need an employer sponsor for EB-2 NIW.
- Visa numbers for EB-2 are sometimes retrogressed for certain countries, which can delay your ability to file for adjustment of status after approval.
- USCIS may deny petitions without issuing a Request for Evidence (RFE) if your application is incomplete, so make sure everything is included the first time.
For the latest official information, always check the USCIS EB-2 NIW page.
Expert Guidance and Final Thoughts
Immigration attorneys stress the importance of submitting a strong, well-documented petition the first time. However, if your EB-2 NIW petition is rejected, refiling is a real option. The key is to learn from your first rejection, gather better evidence, and clearly show how your work benefits the United States 🇺🇸.
As reported by VisaVerge.com, many applicants who face rejection succeed on their second or third try by carefully addressing every concern raised by USCIS. Remember, the EB-2 NIW process is strict, but it is also fair—if you meet the requirements and provide clear, convincing evidence, you have a good chance of approval.
Take Action Now
- Start by reviewing your denial notice.
- Make a plan to gather new evidence and fix any weaknesses.
- Use the checklist above to guide your next steps.
- Consider getting professional help if you’re unsure about any part of the process.
By following these steps, you can turn a rejection into a new opportunity and move closer to your goal of living and working in the United States 🇺🇸.
For more details on the EB-2 NIW process and official forms, visit the USCIS EB-2 NIW information page.
Learn Today
EB-2 NIW → An immigrant visa category for advanced degree holders or exceptional ability waiving job offer requirements.
Form I-140 → USCIS petition form used to request immigrant worker classification in employment-based visa categories.
Denial Notice → Official USCIS letter explaining why an immigration petition was rejected or denied.
Request for Evidence (RFE) → A USCIS request asking petitioners to submit additional proof for their immigration case.
Priority Date → The date USCIS receives a petition, determining an applicant’s place in the visa queue.
This Article in a Nutshell
If your EB-2 NIW petition is rejected, you can refile by addressing rejection reasons. Gather stronger evidence, complete a new Form I-140, pay the fee, and monitor your case for success.
— By VisaVerge.com
