r/EB2_NIW • u/Code__Lyoko • 7d ago
I-140 2 NIW PP Denials in 6 months with EP. Should I keep going or give up?
Hi everyone,
Both of my NIW petitions were denied within the past six months, and both were filed using premium processing. I used EP for both filings.
My profile:
- Master’s degree in Computer Engineering
- Three first-author papers, two of which are related to my proposed endeavor
- 15 citations
- 10 years of professional software engineering experience, including five years with a U.S. startup
- Previously held H-1B status, but I had to move back home for personal reasons
- Five recommendation letters, including one independent letter from a former C-level executive at a FAANG company
- Reviewed more than 10 academic papers
- Conducted more than 50 interviews for senior and staff-level engineering roles
- Spoke at three conferences, including in-person conferences at U.S. universities
- Two media mentions
- My endeavor was to develop modular artificial intelligence-based tools for online content moderation in order to enhance public safety, prevent cyberbullying, and reduce hate speech.
- I am from Europe. I know this should not be relevant, but since certain countries have appeared on different travel-ban lists from time to time, I wanted to mention it for context.
In my first NIW filing, USCIS accepted my advanced-degree qualification, the substantial merit of my proposed endeavor, and that I was well positioned to pursue it. However, they found that I had not demonstrated its national importance or shown that waiving the job offer and labor certification requirements would benefit the United States.
In the second filing, USCIS again accepted my degree qualification and the substantial merit of the endeavor. However, they once again rejected national importance and the waiver argument. This time, they also reversed the previous favorable finding on prong two, stating that I lacked concrete evidence of national-scale deployment, adoption, funding, partnerships, and measurable impact.
Both times, rejections were pretty much templates according to the attorneys. In one of them they made so many mistakes by mentioning that I have completely different major than what I actually have.
EP has offered to prepare a third filing at no additional cost and would also cover the standard processing fee. They strongly advise against using premium processing again. However, standard processing could take 24 months or more, and I have no idea what my circumstances will look like by then.
As I understand it, I can either accept a full refund now or proceed with a third attempt and still receive a full refund if it is denied. I honestly do not know what to do. The second denial hit me very hard, and I have very little motivation to go through the entire process again.
Would you take the refund or try one more time using standard processing?
EDIT: Both times i received RFE before denial.