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National Interest Waiver Notice of Intent to Revoke

Approved National Interest Waiver — Proposed Revocation

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.

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NIW Revocation Analysis

Which part of the approved national interest waiver does USCIS now dispute?

EB-2 Threshold eligibility questioned?
Prong One National importance challenged?
Prong Two Well-positioned finding disputed?
Prong Three Waiver balance reconsidered?
Evidence Accuracy or authenticity issue?
The NIW is a self-petition classification. Changing employers alone is not the same thing as proving that the approved proposed endeavor or underlying petition was invalid.
Revocation After NIW Approval

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.

Good and Sufficient Cause

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.

01 / TRIGGER

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.

02 / LEGAL EFFECT

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.

03 / REBUTTAL

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.

Approved NIW Framework

A revocation may challenge four separate eligibility questions.

Threshold Classification

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.

Dhanasar Prong One

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.

Dhanasar Prong Two

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.

Dhanasar Prong Three

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.

Common NIW NOIR Issues

What does USCIS say undermines the approved waiver?

EB-2 Qualification

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.

Proposed Endeavor

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.

National Importance

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.

Well Positioned

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.

Balancing Test

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.

Evidence Integrity

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.

The Proposed Endeavor

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.

Employer Changes & Current Work

An NIW is not tied to one permanent sponsoring employer.

01
The NIW waives the permanent job offer requirement A qualifying NIW petitioner can self-petition rather than depend on a single permanent employer's sponsorship.
02
A change of employer is not automatically a defect A petitioner may pursue nationally important work through different employers, consulting, entrepreneurship, research organizations, or self-employment when consistent with the approved endeavor.
03
Compare current activity with the approved endeavor If USCIS cites a later job or project, explain whether that work advances the same underlying endeavor even though the employer, title, industry setting, or business structure changed.
04
Distinguish modification from contradiction Real-world projects evolve. Determine whether the later activity is a natural development of the approved endeavor or evidence USCIS believes contradicts representations made in the original petition.
05
Document continuing progress Current research, projects, contracts, customers, publications, patents, investments, partnerships, implementation, products, grants, or other work may help demonstrate continuity when USCIS raises the issue.
Evidence Integrity

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.

Rebuttal Evidence

What evidence can defend the approved NIW?

Original Record

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.

Independent Impact

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.

Progress

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.

Expert Evidence

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.

Current Work

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.

Authentication

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.

NOIR Response Strategy

Six principles for responding to a National Interest Waiver NOIR.

01

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.

02

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.

03

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.

04

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.

05

Authenticate Disputed Evidence

When USCIS questions letters, contracts, publications, funding, employment, customers, or other exhibits, seek direct source corroboration.

06

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.

Response Deadline

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.

If USCIS Revokes the NIW

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 Revocation Questions

NIW NOIR FAQs

Common questions after USCIS announces that it intends to revoke an approved National Interest Waiver.

Can USCIS revoke a National Interest Waiver after approval?
Yes. USCIS may institute revocation proceedings against an approved immigrant petition for good and sufficient cause. The self-petitioner must be given an opportunity to respond to the proposed grounds before USCIS makes the final revocation decision.
Does changing employers invalidate an NIW?
An approved NIW is not dependent on one permanent sponsoring employer because the job offer requirement has been waived. If USCIS raises current employment, the important question may be whether the new work is consistent with the approved proposed endeavor and whether the later facts genuinely undermine the original petition.
Can USCIS reconsider national importance after approving the case?
If USCIS identifies information it believes undermines the original approval, it may initiate revocation proceedings. The response should determine what evidence USCIS now relies on and why that evidence does or does not undermine the original national-importance finding.
What if my proposed endeavor evolved after the NIW was approved?
Professional, research, and business activities can develop over time. The response should compare the current activity with the endeavor USCIS actually approved and distinguish an ordinary later development from evidence that the original petition was inaccurate or ineligible when adjudicated.
Can USCIS revoke an NIW because of a recommendation letter?
USCIS may raise concerns if it believes a letter or factual statement was inaccurate or unreliable. Determine precisely what is challenged, whether the fact was material to approval, and whether direct source or independent evidence confirms the underlying achievement.
How long do I have to appeal an NIW revocation?
Current USCIS procedures generally require an appeal from a revocation decision within 15 calendar days after service, or 18 calendar days if USCIS mailed the decision. Follow the deadline stated in the final revocation notice.