Review of denied I-129 and I-140
Review of denied I-129 and I-140
Registration is open until 11:59pm, Monday, March 8. Once USCIS issues you a notice of denial, they must disclose the reasoning(s) behind rejecting your application. However, there is no limit on how many times you may file an I-140. Remember, when reapplying, do not make your second application identical to the first. If your petition was denied, you do have the option to appeal to the Administrative Appeals Office (“AAO”). At the time of filing, you do have the option to include supplementary evidence that may assist your case. Otherwise, it may negatively affect your case and ultimately limit your options. If USCIS denies the I-129 petition, your employer can file an appeal. USCIS will enclose information about the appeal process with the denial notification. If they deny your Form I-140 because you are ineligible for the requested visa category, they will also deny any related application that you filed with it (for example, Form I-485, Form I-765, or Form I-131). We cannot change the visa category if we have already made a decision on your Form I-140. At this point, USCIS officials are checking the documentation and examining the case in detail. If these officials have concerns about the case, they will try to address them right away. Approval and denial rates for EB-2 green card petitions (I-140) The EB-2 approval rate is high, an average of 93%, according to USCIS data. Depending on the year, the I-140 approval rate for this employment-based green card category oscillates between 83 and 96%. The I-140 is not the final application for Permanent Residency.
