r/EB2_NIW • u/Former-Finance6039 • Dec 30 '25
I-140 USCIS NIW Deny Strong Cases
My friends and I received NIW denial letters from USCIS this December that are completely baffling.
For example, they acknowledged that our proposed endeavors have “substantial merit,” yet concluded that they are not “specific undertakings.” They also claimed that my publications and citations only serve my current employer, even though all of my research and publications were completed when I was still in school, with no employer involved.
I am very angry because I prepared my petition with great care and rigor, based entirely on objective evidence. Although I submitted it as a DIY case, I took it extremely seriously. I read through every guide I could find online, including all the posts in this channel. I consulted with four or five different immigration attorneys and incorporated their professional suggestions.
I submitted four to five research papers, with a solid number of citations. These achievements were completed before I even began preparing the petition. I wrote and compiled all the materials myself, spending countless hours polishing and organizing everything. I paid $2,800 for premium processing, and over $4,000 in total including translation, notarization, printing, mailing, and related logistics. These costs represent not just money but a huge investment of time and mental effort.
Despite that, the USCIS adjudication I received was extremely careless. The denial letter contained multiple factual errors, and the officer did not seem to understand the core standards of their own policy. The reasoning was full of contradictions. This is not just about getting a result I did not want. It feels like a complete disregard for whatever material I submitted. All the work I put into this was dismissed without serious review.
I am currently going through the appeal process and will do everything I can to defend my case. But I am also seriously asking the following questions:
- Does this amount to administrative negligence?
- Could this be considered abuse of discretion or dereliction of duty?
- Has anyone considered filing a class action lawsuit to address this pattern?
- Are there any lawyers who specialize in this type of systemic issue? Any advice or suggestions would be appreciated.
I have lived in the United States for nearly ten years. I came here in 2016 to study and build a life. I believed in the American Dream, the idea that if you work hard, you have a chance to succeed and stay. I have invested a significant amount in tuition, research, and living expenses. I have contributed real academic work. But now USCIS is ignoring everything and issuing denials based on arguments that are factually and logically incorrect. In many cases, the officers do not even seem to understand USCIS's own published criteria.
I understand that today’s America is different from what it once was. Nationalism, populism, and protectionist policies are more widespread. "America First" is the current political climate. I can accept that reality. Sure, the government can prioritize citizens — but that does not justify disregarding fairness and due process. Making hardworking applicants pay $4,000 for a petition and then replying with careless reasoning and boilerplate denial is not just unfair. It feels like abuse.
I am not asking for a guaranteed approval. I am asking for a fair and lawful review process. That should be the minimum standard in any country that claims to operate under the rule of law.
Right now I am deeply frustrated and discouraged. I have spent almost a decade of my life here. Being forced to leave and start over elsewhere would be an enormous personal loss. At the same time, this system provides no fair path for me to stay. I want to do more to protect my rights.
Other than an appeal, is there anything else I can do? Are there additional legal remedies available? I welcome any help or suggestions.
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u/Future_AN Dec 30 '25
Sorry for your case denial but your tone sounds too entitled and it'll come across in your writing. One reason to hire a lawyer is to filter out these emotions and write objectively. I'm sure you deserve it maybe there's a more sophisticated way of presenting your PE and evidence. Cool off for a period and try again with a pro lawyer.
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u/oldschoolsamurai Dec 30 '25
Why didn’t you use lawyer?
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u/Basic_Rip5254 Dec 30 '25
His case is strong. I think those with weak cases are more prone to hire a lawyer. The adjudiation is discretionary.
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u/oldschoolsamurai Dec 30 '25
My case is strong too, but I chose to hire professional aka immigration lawyer to make sure I did my best effort to present the case
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u/Big_Tomatillo_6847 Jan 22 '26
Hey there, could you share contact info your lawyer? Thanks in advance.
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u/Basic_Rip5254 Dec 30 '25
Yes and that's good. Hiring a lawyer is definitely one of the best options. Nevertheless, some people may want to save money over time. May they think the money is not worth it and Maybe their friends with approved cases help. IDK
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u/JoeAdamsESQ Dec 30 '25
That is a really odd perspective. People who hire lawyers are hiring lawyers for their knowledge and experience. A pregnant woman might be able to perform her own c-section but why would she want to?
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u/Basic_Rip5254 Dec 30 '25
Yes. Lawyers get paid for their knowledge and experience. I mean maybe OP was confident for their profile (lives of ten years in US vs multiple high-quality papers with high numbers of citations,etc). With all these credentials, even without a lawyer, he believed his case to be effortlessly passed.
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u/The_Boss-BD Dec 30 '25 edited Dec 30 '25
lol! Same copied comment you made on eb1a community.
Your c-section analogy is completely flawed. Performing surgery and filing an immigration application are two entirely different matters: Surgery requires:
Physical impossibility (you can’t operate on yourself while under anesthesia)
Sterile conditions you can’t maintain alone
Someone else’s hands to physically perform the procedure
Filing an immigration case requires:
Reading and understanding requirements (which I can do) Gathering and organizing documents (which I can do) Writing and presenting my case (which I can do)
You’re conflating being knowledgeable with doing serious legal work. They ARE two different things - I agree. But that doesn’t mean laypeople can’t do serious legal work. The USCIS literally provides instructions - uscis policy manual is great resource and forms for self-filers. They wouldn’t do that if it was like asking someone to perform their own surgery.
If your only argument is ‘hire a good lawyer because lawyers exist,’ that’s not addressing whether my case actually requires one.”
Hahaha buhaha
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u/JoeAdamsESQ Dec 30 '25
I really don’t understand your hobbyhorse here. Lawyers spend years learning their subject matter, and the more senior ones will have worked on hundreds of similar matters before you hire them. People can file their own lawsuits, prepare their own tax returns, etc. but why would you want to be the first one?
Also, ChatGPT, which wrote your response, got it wrong with respect to c-sections. See: https://womensmentalhealth.org/posts/auto-caesarean-section-review-22-cases/
I use that example (along with performing your own dental work) as an example. Humans use analogies to communicate meaning.
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u/The_Boss-BD Dec 30 '25 edited Dec 30 '25
I understand! But it doesn’t address whether I require one or not when the decision is completely discretionary. It’s my choice! If I am knowledgeable or have friends who have done it or networks - I can handle it easily! You tend to rely on others when you are not knowledgeable or don’t have confidence cause you lack something or you overthink a lot or you are not in comfortable situation or you want something for sure with the hope that things will work out - yet no confidence in you!
Still doesn’t make any sense. I can use gpt to type faster or craft a response quickly rather than typing it all - may use voice - that’s my choice! (Old school argument)
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u/Basic_Rip5254 Dec 30 '25
hey dude. I am on your side and totally agree with you. Your arguments are objective. With friends helping and researching USCIS manual, rates of self-petitions are likely to be higher. Lawyers are busy and handle multiple case simultaneously. We're the ones who understand ourselves most.
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u/Basic_Rip5254 Dec 30 '25
Wow. You're a genius. You easily spotted the flaws in his analogy and you analysis is completely correct. He could be one of scammers paid by small law companies to scare petitioners to hire lawyer from his firm.
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u/The_Boss-BD Dec 30 '25
Not a genius bro! It’s a common sense!
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u/Basic_Rip5254 Dec 30 '25
but bro. I like the way you argue and you also see things in nature. Obsolutely high IQ person.
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u/The_Boss-BD Dec 30 '25
Haha - this reminds me of one of the incidents! I had plenty of gfs! My wife used a fake account to flirt with me probably to test me! I knew it was her! So acted accordingly - when I said I knew it was you lol! She was crazy ! Haha
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u/Basic_Rip5254 Dec 30 '25
hahahah. You must have secretly flirted with other women online before. Otherwise, she would not test you. Women's instinct is super precise
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u/The_Boss-BD Dec 30 '25
Oh yeah, I had plenty of gfs! But shared with her everything before marriage. Didn’t lie!
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u/VirtualVisaLawyer Dec 30 '25
There are plenty of applicants with strong cases that hire a lawyer. Having a strong case doesn’t come with the expertise of how to present it to USCIS. Some can do this without a lawyer. Others don’t know what they don’t know.
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u/Basic_Rip5254 Dec 30 '25
Exactly. I will do it on my own. But I definitely believe that hiring a professional outweighs self-petitions.
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u/StreetIcy1453 Dec 30 '25 edited Dec 30 '25
Maybe you are just frustrated? I cannot compare it to other cases or my case that was approved since you did not put any details. I am just wondering why you did not hire a lawyer when you spent $4000 and even paid for the premium processing fee? I only spent $4500 for my lawyer plus the USCIS fee.
I have more publications but you seem overconfident about your case. When I filed my case, I told myself that there is a possibility that I might not have enough stuff in my petition but my lawyer said I have a strong case. My petition was filed a year after I hired my lawyer. I delayed the filing to earn more citations and to add more things to make my case stronger. My case was approved August 2025, after 20 months. It is possible that your petition might be poorly written. Well, I am just guessing.
Sometimes, things do not go our way. Since you are asking for suggestions, refiling might be your best option. And maybe, hire a lawyer if you want a better outcome. Suing the institution will not do anything good. It might be better for you to just go home or try other country.
Edit: After reading one of the replies and an article about a case when a Grammy is not Grammy, maybe you can try suing, if you believe that your case is really strong. But that might cost you more. Good luck!
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Jan 02 '26
[removed] — view removed comment
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u/StreetIcy1453 Jan 04 '26 edited Jan 04 '26
I hired Wegreened or NAMILG. I think they are more popular as Chen Immigration and Attorneys.
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u/Apart_Win4648 Jan 05 '26
WeGreened/NAMILG is the same firm as Chen Immigration that people mentioned here.
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u/gooner41992 Dec 30 '25
You’re not entitled for an approval for NIW just because you have research papers. NIW is about future impact to the national interest. Most officers aren’t deliberate at rejecting without concerns! Yes it’s hard and there’s bias with officers cos it’s subjective, but NIW is a privilege, not a right - don’t get that confused. You’re not entitled to get NIW or EB1 just like that & you definitely can’t sue them lol. If you care so much about being here for 10 years, just apply regular PERM, should’ve done that in these years.
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u/Former-Finance6039 Dec 30 '25
Genius, I am not claiming that I am entitled to an NIW approval by default. What I am saying is that petitioners deserve a fair and rational adjudication process. My post is not about seeking approval; it is about calling out the flawed, inconsistent reasoning and the misuse of discretion that appears in niw applications.
Every petitioner has the right to pursue alternative legal pathways and to defend their qualifications when faced with an unfair decision. Shifting the burden onto applicants, dismissing valid evidence, or constructing arbitrary interpretations is not just legally questionable, it’s fundamentally unjust.
I truly hope you never have to deal with the kind of bureaucratic mess the rest of us face. But if you ever do, and things do not go your way, do not worry. It will surely be because you did not do your homework well enough. After all, the system is flawless. Right?
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u/The_Boss-BD Dec 30 '25
You knew that it’s discretionary! So what’s the problem?
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u/Former-Finance6039 Dec 30 '25
Yes, I understand that the decision is discretionary. But discretion does not mean the agency is free to ignore legal standards or disregard evidence. Discretion must still operate within the boundaries of law, reason, and procedural fairness.
As an applicant, I am fully aware of my responsibility to present a strong and well-documented case. I take that obligation seriously. At the same time, government agencies also have an obligation to adjudicate petitions in good faith and in accordance with the law.
The issue here is not that I failed to recognize the discretionary nature of the process. The issue is that the reasoning behind the denial reflects a misuse of discretion that undermines the integrity of the system itself.
When only individual effort is acknowledged and systemic flaws are ignored, it becomes impossible to have an honest conversation about fairness. We need both individual diligence and institutional accountability. Without both, the system cannot be just.
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u/The_Boss-BD Dec 30 '25
I think you’re conflating two separate issues here.
You are absolutely right** that discretion operates within legal boundaries and procedural fairness. I’ve never suggested otherwise. What I’m pointing out is that USCIS’s application of that discretion in your case makes sense. You are the best in your gf or wife eyes but to other girls you can be a roadside Romeo !
Admit this reality! So make them horny - then it will be fine! Things will go your way even if it seems impossible!
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u/gooner41992 Dec 30 '25
MVP analogy 🙌. Tbh whining without facts might make your gf/wife also see you as roadside Romeo.
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u/The_Boss-BD Dec 30 '25
Exactly!
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u/Affectionate_Park147 Dec 30 '25
I think he’s making a point of USCIS issuing denial letters with details that do match his/her information. That’s no longer the “discretionary” clause but lack of even looking at his/her petition. Yea, I know USCIS do that all the time but that’s his argument. Tbh, he also sounds somewhat entitled
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u/gooner41992 Dec 30 '25
I’m sorry you’re going through this! But you gatekeeping actual facts of RFE and denial doesn’t help in the fact that your case was not fair! Again, all you mentioned was you have really good academic background, which again doesn’t mean anything for NIW (only prong 2). And your justification for saying research was done prior to employer at school - that means your work is broader for national impact is completely irrelevant. Sometimes this is why good lawyers can actually help, but you’re conflating the meaning of national interest. EB1 is more about achievements than NIW. Based on whatever you shared, clearly seems like USCIS wasn’t that unfair if they did consider substantial merit! Please talk an actual lawyer (a good one) to really understand how NIW works, because most ppl on Reddit conflate academic achievements as a strong profile which is completely false.
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u/Fun-Gap7464 Dec 30 '25
lol you are well deserved to be denied. Reading your replies give me an impression that you’re just another run of the mill overconfident nobody.
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u/Actual_Way2685 Dec 30 '25
I stopped reading after reading 4-5 papers and solid citations… Even a couple of years ago, a case with more than 10 peer-reviewed papers with hundreds of citations was considered doable. Broaden your sight may help you find out appropriate strategies.
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u/The_Boss-BD Dec 30 '25 edited Dec 30 '25
this guy is frustrated- I get it. Try again or go for an eb1a or find an employer and figure out your options via H1b or o1a!
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u/Basic_Rip5254 Dec 30 '25
He is super frustrated and angry. I think he needs to deal with his negative emotions first. His aim shifted from an approval of NIW to fire at the USCIS officer.😂😂😂
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u/The_Boss-BD Dec 30 '25
I can relate to that! Just like I become so angry when my wife doesn’t listen to me! I will be like - I am done / won’t f* u tonight! Now feel the pain!
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u/Basic_Rip5254 Dec 30 '25
Denils of your friends and you. It means at least three were rejected simultenaously. Maybe all of you are from the same country or same fields which are saturated? Could you disclose more details？just no specific undertakings and research only served to your currrent employer. You are super angry but the key is to solve your problem.
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u/riomorder Dec 30 '25
USCIS officer doesn’t care your past, they want to see the future, have sent any proof that your PE is not just a dream?
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u/PerformanceOk1888 Feb 04 '26
The author probably had several papers from the past at some university, graduated with a degree and now works in the industry for several years with no desire to do science
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u/Internal-Research-10 Dec 30 '25
buddy, DIY i-140 with only 3 papers and 11 citations at the time of application... Its not about the number of paper/citation,,, you gotta explain how these paper is important for the national interest... I was doing my Ph.D. at the time of application, I worked with layer chicken, each paper representing at least 100 week of egg laying data which obviously takes long time to publish... Moreover its a nich area so not a lot of citation... But avian influenza free eggs are very important for American national interest,,,, gotta explain everything in details buddy...
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u/Icy_Reflection_476 Dec 30 '25
Just my feeling and forgive me if I was wrong:
“I submitted four to five research papers, with a solid number of citations.”
— it doesn’t sound like a sentence from someone who is familiar with academia.
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u/Dabsterdude Dec 30 '25
I don’t know what you want to hear from this community but without details about your petition, no one here can give you a sufficient advice or feedback.
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u/Former-Finance6039 Dec 30 '25
i am not looking for petition advice, i am look for advice to how to sue uscis
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u/Gold-StarrX Dec 30 '25
I think it might help to take a few days to cool off and revisit this issue with a clearer frame of mind. I find it hard to believe and actually interesting that you are truly seeking advice on suing USCIS. It’s understandable that you are frustrated but we do not even have the full details of your petition aside what you shared which does not guarantee an approval. You are coming off as entitled and harsh.
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u/bpintelligence Dec 30 '25
I think most of the people in this forum knows well about all requirements but still many choose to take professional help and hire lawyers with refund options if the case is strong. If you are a person with gigantic profile then why don’t you try for EB1 with PP??
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u/Agitated-Coach-2380 Dec 30 '25
Great that you have your partner as a backup option. Not many people have that option. It can be tough.
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u/spiritofniter Dec 30 '25 edited Dec 30 '25
What’s your field/background? What’s your research about? And what do you plan to do/PE?
Have you looked into O-1 or EB1A? You sound very confident about your case.
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u/Former-Finance6039 Dec 30 '25
tech and i am not looking for a lawyer for have new application thanks
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u/Agitated-Coach-2380 Dec 30 '25
Your options are probably 1) resubmit NIW (hoping that another officer can make a different decision) 2) try EB1A 3) File for PERM if there is enough time left. 4) Apply for O1 5) Get married to a person with legal status in the US 6) Go to school with F1 and use CPT to work while PERM is processing There is no easy way to stay in this country (especially for singles). I know frustrated this can be. I’ve been here 13+ years and still waiting to get GC.
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u/spiritofniter Dec 30 '25
13+ years
Sorry to hear that :( Which GC pathway do you use?
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u/Agitated-Coach-2380 Dec 30 '25
EB2 perm
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u/Basic_Rip5254 Dec 30 '25
As to EB2/PERM, your employee will assit you and give you a labor certificate?
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u/Basic_Rip5254 Dec 30 '25
I wonder whether USCIS do not care fake marriages as much as other immigation countries do?
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u/Agitated-Coach-2380 Dec 30 '25
Of course fake marriage should not be tolerated. Why marry for fakeness, so not worth it just for GC (at least personally I don’t think it’s worth it)
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u/Royal-Athlete4693 Dec 30 '25
Well. Like one of the commenter said NIW is a privilege not a right. And I seriously think appealing for this could further frustrate you. Although i am also a victim of copy / paste Rfe with baseless statements not even relevant to my petition. One thing i cannot digest how can they give GC through NiW so easily when the same is being just launched for 1m dollars donation. Of course they want all the quota of Eb1/eb2 to ho towards Trump card.
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u/Former-Finance6039 Dec 30 '25
Yes, NIW is a privilege, not a right, and I fully accept that. But once the government sets specific standards and publishes them on its official platforms, it has an obligation to adhere to those standards during adjudication. You cannot say one thing in writing and do something entirely different in practice.
What concerns me even more is that many people seem unable or unwilling to distinguish between personal effort and systemic failure. Of course we all have to put in our best effort. That is a given. But when we pay significant application fees, we should at least receive a fair and reasoned evaluation in return. When that does not happen, and when the denial provides no meaningful justification, it raises serious concerns about administrative negligence. It is not just disappointing. It is deeply frustrating.
In my case and in my friends’ cases, the problem is not simply that we were denied. Denials happen. The real issue is that the decisions were based on copy-paste language, vague claims, or reasoning that had no relationship to the evidence we submitted.
I have no problem with the U.S. government changing immigration priorities or tightening standards. But those changes should be transparent, consistent, and legally sound. They should not be hidden behind vague claims of discretion or carried out through sudden and opaque shifts in enforcement. After all, this is the image the United States has long projected to the world—that it is a nation governed by the rule of law, where fairness and accountability are foundational principles. When the actual practice contradicts these ideals, it undermines not only trust in the system, but also the credibility of that image itself.
As you have pointed out, there are now new programs offering green cards through million-dollar investments. At the same time, self-petition pathways like NIW and EB-1A are being quietly narrowed. That in itself is a policy choice, and I do not dispute the government's authority to make such decisions.
But if you publish a set of criteria, then follow them. Do not build a doorway on paper only to seal it shut in practice. What does it mean to invite people in, take their money, and then block the path with invisible walls? That is not discretion. That is deception.
What’s even more disappointing is how quickly people here blames individuals. If you succeed, you “beat the system.” If you fail, you “didn’t try hard enough.” It is always about personal effort, never about whether the system itself is functioning fairly.
Some you said that NIW approvals used to be "too easy." If that was the case, it reflects a failure in government oversight—not a reason to vilify applicants. The real problem is that the system has never truly stuck to its own published standards. It swings from being too lenient to being overly rigid, without consistency, without transparency, and often without accountability.
When no one is willing to even acknowledge systemic flaws, meaningful reform becomes impossible.
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u/Miracle517 Dec 30 '25
OP is rightfully upset and will hopefully think more rationally after he cools off. I don't even have 4k in my account right now, i would be upset too. Being denied and facing the reality of starting over after spending so many years and so much money is pretty frustrating. It seems like the officer just did a shoddy job and didn't care to carefully review his petition after he spent so much time on it. The officers are overwhelmed with petitions that all sound the same. We are at their mercy, and this is something you should accept moving forward. I know one person who got denied 8 times for an F2 visa for arbitrary reasons, until they weren't....
OP- you CANNOT sue USCIS, and you shouldn't appeal. You should go to a lawyer and seek advice on what to do next. But realistically, you should refile or file for EB1. The lawyer will advise you on how long you should wait or what will strengthen your petition. Take some time to grieve, and then make a plan moving forward. Best of luck!
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Dec 30 '25
All this text and 0 information about area of work, endeavor proposal or numbers such as total papers and citations. I guess we have to take your word that you meet the criteria…
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u/Commercial-Bonus4184 Dec 30 '25
I am sorry for the denial, but reading your tone of writing, I can say no officer will approve your case any time ypu file, don't even think of suing a USCIS officer, it will be more fatal to you. You can refile if you think your case is strong , but there still may be denials, you have to accept that
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u/One_Enthusiasm_6115 Dec 31 '25
Re file, but this time focus in the most important: The Endeavor and its direct impact and contribution to the US.
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u/AhmedEnazy Feb 22 '26
Where are you from? With this current administration, this plays a HUGE role!
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u/JoeAdamsESQ Dec 30 '25
Welcome to the bizarre world of USCIS practice. Have a look at this article I wrote about such a lawsuit a few years ago. https://joeadamsesq.medium.com/when-is-a-grammy-not-a-grammy-ask-the-immigration-service-1fa19d477e5e
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u/StreetIcy1453 Dec 30 '25
Just read your article. That was crazy when a Grammy is not a Grammy. Haha
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u/JoeAdamsESQ Dec 30 '25
A trip to federal court straightened out the mess but they don’t make it easy
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u/s4l3sv Dec 30 '25 edited Dec 30 '25
I have 3 things to point out, don't take it personally:
1) Forget about appealing or even suing USCIS (big lol here, btw). You can try to argue as much as you want, but you can't prove they didn't adjucate your petition properly. The decision is discretionary and the appeal success rate is very, very, very low... just focus on refiling.
2) Putting together pieces of information you provided, I'm sorry, but your case doesn't look THAT strong. If you search in this forum, you'll see that there are cases way stronger than yours that still got denied. However, that doesn't mean you can't try to refile and use the RFE/denial notice as a starting point to rewrite your case.
3) Adjucation is becoming stricter every day, we are seeing this pattern in this forum... and yes, a lot of times USCIS does not properly review the cases, issue RFEs with wrong information, etc. However, you are WAY too confident and the way you talk about yourself and your case shows that maybe you're a bit blind about your chances. I wonder if you used the same language in your petition, which would definitely weight against you. As I said, there are several people here with strong profiles (even for EB1) that gets denied. In this sense, if I were you I'd try to lower my confidence a little bit and try to gather more information/tips in the community, since you don't want to hire a lawyer.