USCIS intends to revoke your approved NIW?
A National Interest Waiver Notice of Intent to Revoke means USCIS is reconsidering an EB-2 NIW petition it previously approved. The agency may now question underlying EB-2 eligibility, the proposed endeavor, national importance, whether the petitioner was well positioned, the balancing analysis, or the accuracy and reliability of evidence used to obtain approval.
Send Us Your NIW NOIRWhich part of the approved national interest waiver does USCIS now dispute?
Start with the eligibility finding USCIS says should be reconsidered.
An approved National Interest Waiver means USCIS previously determined that the petitioner qualified for the underlying EB-2 classification and satisfied the national interest waiver requirements.
USCIS may later commence revocation proceedings if it identifies good and sufficient cause to reconsider the approved immigrant petition. The NOIR should explain why the agency believes the original approval cannot remain in effect.
The response should distinguish evidence concerning the petitioner's original eligibility from events occurring only after approval and determine precisely how USCIS connects the later information to the approved petition.
What information caused USCIS to reopen the NIW approval?
The revocation response should begin with the agency's stated basis for reconsidering the approved I-140.
Identify the New Concern
Determine whether the NOIR arose from newly discovered information, another immigration filing, an investigation, inconsistent evidence, a returned petition, document concerns, or a new review of the original record.
Would the Allegation Defeat the Approved NIW?
Connect USCIS's factual allegation to the particular EB-2 requirement or Dhanasar prong the agency claims was not established.
Does the Complete Record Overcome the Proposed Ground?
Correct factual errors, explain chronology, authenticate disputed evidence, and show why the petition satisfied the applicable EB-2 and NIW requirements when approved.
A revocation may challenge four separate eligibility questions.
Underlying EB-2 Eligibility
Before receiving a National Interest Waiver, the petitioner must qualify for EB-2 as an advanced degree professional or as a person of exceptional ability under the applicable requirements.
Substantial Merit & National Importance
The proposed endeavor must have substantial merit and national importance. The inquiry concerns the prospective impact of the specific endeavor rather than merely the importance of the person's general occupation or industry.
Well Positioned to Advance the Endeavor
The record may include education, skills, prior success, progress, resources, plans, contracts, funding, interest from relevant entities, research, commercialization, or other evidence showing the person's position to advance the endeavor.
Beneficial to Waive Job Offer & Labor Certification
USCIS must also have concluded that, on balance, it would benefit the United States to waive the ordinary permanent job offer and labor certification requirements.
What does USCIS say undermines the approved waiver?
Degree or Exceptional Ability Evidence Is Questioned
USCIS may allege that educational credentials, progressive experience, exceptional ability evidence, employment records, or another threshold EB-2 requirement was inaccurately documented.
The Original Endeavor Is Allegedly Mischaracterized
The NOIR may claim that the petition described a broader, more advanced, or materially different endeavor than the work the petitioner actually intended or was positioned to pursue.
Impact Was Allegedly Overstated
USCIS may question government-priority claims, projected economic effects, broader industry impact, public benefit, research significance, job creation, technological importance, or other evidence supporting prong one.
Past Achievements or Progress Are Disputed
The agency may question publications, citations, project results, funding, contracts, patents, business achievements, customer evidence, recommendations, or other evidence used to establish prong two.
Prong Three Is Reconsidered
USCIS may conclude that the evidence did not sufficiently establish why waiving the ordinary job offer and labor certification requirements was beneficial to the United States on balance.
Letters, Business Records or Other Evidence Is Challenged
A NOIR may question recommendation letters, employment records, contracts, funding, customer relationships, projections, publications, business plans, government interest, or other evidence submitted with the petition.
What endeavor did USCIS actually approve?
Compare the original petition with USCIS's current characterization.
Review the original petition letter, personal statement, business plan, research plan, recommendation letters, project records, employment evidence, and other exhibits to define the endeavor that was actually presented to USCIS.
A NOIR may rely on later information and conclude that the petitioner's real activity differs from what was described. The response should first determine whether USCIS has correctly described the original endeavor and the petitioner's original intent.
A later development in a career or business should be distinguished from evidence that the approved petition was inaccurate when filed. The relevant question in a revocation proceeding is how the facts relied upon by USCIS affect the validity of the approved petition.
Where the petitioner's current work continues the same endeavor through a different employer, company, research institution, customer base, or business structure, document that continuity clearly.
An NIW is not tied to one permanent sponsoring employer.
A challenged document may create issues beyond the strength of one NIW prong.
Identify precisely what USCIS says was false, exaggerated or unreliable.
NIW petitions often contain substantial documentary records, including recommendation letters, expert opinions, personal statements, business plans, publications, citation records, contracts, customer letters, funding evidence, employment documents, government materials, patents, project evidence, and financial information.
If USCIS questions one of those items, determine whether the agency alleges simple evidentiary weakness, factual inaccuracy, document authenticity problems, exaggeration, fraud, or willful misrepresentation.
Where possible, obtain confirmation directly from the institution, author, employer, customer, funding source, government body, publisher, patent office, contracting party, or other source of the disputed evidence.
A response should also identify whether the disputed evidence was actually material to the original approval or whether substantial independent evidence supported the same NIW finding.
What evidence can defend the approved NIW?
Show What USCIS Already Had
Identify the exhibits that supported the original EB-2 and Dhanasar findings, particularly evidence the NOIR overlooks or describes incorrectly.
Document Broader Significance
Government materials, industry evidence, independent adoption, publications, market data, economic evidence, research impact, technical use, or other records may corroborate national importance.
Show Ability to Advance the Endeavor
Projects, contracts, publications, funding, customers, collaborations, patents, implementation, awards, business results, or other progress may corroborate the original well-positioned finding.
Explain Specialized Context
Independent experts can explain technical significance, industry impact, research influence, commercialization, national priorities, or other issues when their opinions are tied to verifiable evidence.
Show Continuity Where Relevant
Current activity may help answer an allegation that the original endeavor was not genuine or that the petitioner's actual work is inconsistent with what USCIS approved.
Confirm Disputed Records
Source documents, institutional verification, certified records, communications, transaction evidence, contracts, translations, or affidavits from people with direct knowledge may resolve authenticity questions.
Six principles for responding to a National Interest Waiver NOIR.
Identify Why USCIS Reopened the Approval
Determine what new evidence or reconsidered fact the agency says creates good and sufficient cause to revoke the I-140.
Separate EB-2 From the NIW Prongs
A problem with an advanced degree, exceptional ability, national importance, prong two, or prong three should be analyzed under its own legal requirement.
Define the Approved Endeavor Precisely
Use the original filing to establish what the petitioner actually proposed rather than allowing the NOIR to redefine the endeavor.
Distinguish Later Events From Original Eligibility
Determine whether USCIS's later evidence truly undermines the approved petition or simply reflects ordinary career, research, or business development after approval.
Authenticate Disputed Evidence
When USCIS questions letters, contracts, publications, funding, employment, customers, or other exhibits, seek direct source corroboration.
Build the Appeal Record Now
A final revocation has a short appeal deadline. The strongest factual corrections and evidence should be submitted before USCIS issues the final decision.
The maximum USCIS NOIR response period is 30 days.
Use the deadline stated on the actual notice.
A NIW revocation response may require new declarations, expert evidence, employment records, business records, contracts, customer verification, research materials, government reports, funding documents, citation evidence, patents, financial evidence, translations, or source authentication.
Because evidence may have to come from third parties, begin gathering records as soon as the NOIR is received.
Do not assume USCIS will provide a second opportunity to rebut the revocation grounds.
The NIW self-petitioner can challenge the revocation decision.
Revocation appeal deadlines are much shorter than ordinary denial appeal deadlines.
Because an NIW applicant may self-petition, the self-petitioner is the petitioner in the I-140 proceeding and can pursue the applicable post-decision remedy.
Current USCIS Form I-290B rules generally require an appeal from a revocation decision within 15 calendar days after service, or within 18 calendar days when USCIS mailed the decision.
The final decision should be reviewed immediately to determine whether an appeal, motion to reopen, motion to reconsider, combined motion, refiling, or another strategy provides the strongest response and what effect revocation has on any pending I-485.
NIW NOIR FAQs
Common questions after USCIS announces that it intends to revoke an approved National Interest Waiver.