❌ EB-2 NIW: denial
A story of an EB-2 NIW denial after an RFE, despite having a basis for classification and recognition of the project’s significance.
Case details
Filing: September 23, 2025
Decision: After February 17, 2026
Service Center: Texas
Attorney: Bay Immigration Law
How it all went
Hi everyone! I’ll share my story. Last week I received a denial — an EB-2 NIW denial after an RFE.
I filed the case with Bay Immigration Law.
We worked on it for almost 2 years.
The original case strategy was developed when a large part of my profile and proposed endeavor was tied to diversity, equity & inclusion. After the elections, we had to practically rebuild the strategy and repackage the entire case. That took about another year of work (hence the long preparation period).
In the end I applied with a project in AI-enabled talent management and workforce development (I’m currently Head of Talent Management at an international company and I’m working in the U.S. on an L-1 visa).
The case was filed on September 23, 2025.
On November 19, 2025 an RFE arrived.
On February 17, 2026 USCIS received the response to the RFE.
After re-review, a denial was issued.
Basically, USCIS recognized the following:
I have the necessary basis for EB-2 classification
My proposed endeavor has substantial merit
But they denied on the rest:
they did not recognize national importance
they did not agree that I am well positioned to advance the endeavor (this will be a separate story that’s the most upsetting
)
What we submitted in response to the RFE:
an updated business plan
Letters of Intent
expert letters from professors at top European universities
additional support letters
proof of funding and assets (this was specifically requested in the RFE)
additional argumentation on the impact to the U.S. labor market, workforce development, succession, internal mobility, and leadership pipeline
What’s especially painful to see in the denial:
-
My L-1 status was completely ignored
I am in the U.S. on an L-1 visa, and I do not have the right to freely run my own business, find clients, and fully launch a venture as an operating business while on that status. But in the denial this was effectively used against me — in the logic that I don’t have an active commercial operation, clients, or a full launch. -
They devalued the Letters of Intent and support letters
Some of the letters were from people I had never worked with before, and that was explicitly stated in the letters themselves. One letter was from the company where I currently work (4,500 people in the U.S.). But USCIS reduced this to the logic that interest comes from a narrow circle of acquaintances and is not sufficient evidence of external interest in the endeavor.
The case was handled at the Texas Service Center, officer ХМ2144.
In short, I’m upset for now. I don’t know what to do. Try EB-2 NIW again (but on my visa I can’t launch a business, and there’s no guarantee they won’t ignore that next time), or strengthen the case toward EB-1… I’m waiting for advice from the lawyers. That’s about it…
Main insight
“It’s important to take into account the restrictions of your current visa status, as they can be used against you during the petition review process.”
Evgeniya Tikhonova (@Sakhalinochka)
2025-09-23
Case filed
2025-11-19
RFE received
2026-02-17
USCIS received response to the RFE
Author of the story
Evgeniya Tikhonova (@Sakhalinochka), from the chat @talentvisahelp. Original message in the chat.
Useful on the topic
All information about O-1 / EB-1A / EB-2 NIW
More success stories and denials: channel @o1eb1