The I-140 petition is submitted by an employer on behalf of a foreign worker to request an immigrant visa based on employment. This form is essential for categories such as EB-1, EB-2, and EB-3. The U.S. Citizenship and Immigration Services (USCIS) reviews the petition to ensure that it meets all necessary criteria, such as the beneficiary's qualifications and the employer's ability to pay the offered wage.
However, if the petition fails to meet these standards, it may be denied.
If your I-140 petition has been rejected twice, don’t panic—there are still steps you can take:
Each rejection will include a notice explaining the reasons for denial. Carefully review this notice to identify what went wrong. Common reasons include insufficient evidence, incorrect or incomplete information, or failure to meet specific eligibility requirements.
After multiple rejections, it's highly advisable to consult with an immigration attorney. They can provide expert guidance, help you understand the reasons for the rejections, and offer strategies for reapplying or appealing the decision.
- Reapplying: If the issues with your previous petitions were minor or correctable, you might consider reapplying with a new I-140 petition. Ensure all deficiencies are addressed before resubmitting.
- Appealing: If you believe the rejection was based on a misunderstanding or incorrect application of the law, consider filing an appeal or a motion to reopen or reconsider the case. This involves submitting Form I-290B and providing a detailed explanation and supporting evidence to argue why the original decision should be overturned.
If you choose to appeal the rejection, follow these steps:
Review the Notice of Denial carefully to understand the reasons for the rejection, as your appeal must address each point raised by USCIS.
To appeal or file a motion, submit Form I-290B, "Notice of Appeal or Motion." Along with the form, include a brief or statement explaining why the denial was incorrect, addressing the specific reasons given by USCIS.
For a Motion to Reopen, gather new evidence that supports your case. For a Motion to Reconsider, focus on highlighting errors in the original decision, such as a misapplication of the law.
File Form I-290B within 30 days of receiving the Notice of Denial (33 days if the notice was mailed).
The AAO or USCIS will review your case, which can take several months. The outcome could be an approval, denial, or remand for further review.
If your appeal or motion is successful, your I-140 petition will proceed. If denied, you may need to consider other options, such as reapplying or exploring alternative immigration pathways.
- Reapply if: The issues are minor, and you can provide additional evidence or correct mistakes that led to the rejection.
- Appeal if: You believe the rejection was due to an error by USCIS, and you have strong arguments or new evidence to support your case.
Both reapplying and appealing involve costs and time, so it’s crucial to weigh these factors carefully. Repeated rejections could harm your future immigration prospects, so ensure your next step is well-prepared.
Getting your I-140 petition rejected twice can be disheartening, but it’s not the end of the road. You have options, whether you choose to reapply or appeal the decision. Understanding the reasons for the rejections, consulting with an immigration attorney, and carefully planning your next steps can improve your chances of success. Whether you decide to reapply with stronger evidence or appeal the decision through Form I-290B, you can still work toward achieving your goal of permanent residency in the United States.