If you have received notice that USCIS denied your I-140 Petition for Alien Worker, there are a few different options you can take:
Option #1: Reapply
Once USCIS issues you a notice of denial, they must disclose the reasoning(s) behind rejecting your application. Reasons typically include nondisclosure of evidence, insufficient evidence, or that your petition did not meet the required criteria for whichever employment-based category of visa you applied for. However, there is no limit on how many times you may file an I-140. When doing so, it is key to take account of the reasons of denial from your initial application in order to make your second petition stronger.
For instance, if USCIS stated that there was no evidence disclosed of your official academic record of your Master’s degree, include a hard copy of the record when reapplying.
Another example, if USCIS stated there was insufficient evidence to prove your experience and achievements, then be sure to include numerous letters or evidence of recognition from friends, peers, and employers.
Remember, when reapplying, do not make your second application identical to the first. It is important to show USCIS that you have more to offer than what they initially reviewed in your case and that the new additional evidence proves that you deserve to be granted approval.
Although you must disclose all previously submitted evidence along with the new petition, do not just “copy and paste”— be sure to review what you are resubmitting and update any material.
Option #2: Appeal
If your petition was denied, you do have the option to appeal to the Administrative Appeals Office (“AAO”). When appealing, the AAO will review the facts of your case and determine whether USCIS erred in its decision of denial.
In general, if your application for an EB-2 visa was based on a job offer from a US employer, then the employer will be the one filing the appeal. When doing so, there are specific forms that must be completed and filed within 30 calendar days from the date you received your petition’s denial. At the time of filing, you do have the option to include supplementary evidence that may assist your case.
Option #3: Discuss with your lawyer
In general, it is most helpful to consult with your immigration attorney to discuss your next steps to take. If you and your employer have worked with the attorney when filing your I-140, then the attorney will already know your case inside and out and will be able to discuss any alternative routes or possible strategies that will be most helpful to your specific situation.
Lastly, if you are the beneficiary physically present in the US, remember that you must maintain legal status during any of the following procedures after receiving a denial of your I-140 petition. Otherwise, it may negatively affect your case and ultimately limit your options.
