Hello Sajha Mitra,

Recently one of my friend GC got denied even working as a Computer System Analyst for the past five years for Specific Consultancy different vendors. Different states time and again. Now, what are the other routes that he could consider to re-apply back again?

Any suggestion or what should he do? It's sad news but how can he get on his feet and start his life again.
Would it be better to leave the consultancy and start finding a job through the direct company and apply for GC again?

Thank you for input.

Need more info. They cannot deny for no reason

@Ajoshinp

The reason for the System Analyst and I wonder how could this possibly be.

Your work was not deemed to be in the nation’s best interest or you were not deemed qualified to advance that work (EB-2 National Interest Waiver)

I have seen approved cases for Analysts.
Any guidance

Then its not greencard failed. His 140 was not even approved. Claiming niw with system analyst is almost a deadend at this time.

@nepali786 ,

But he said he has seen ppl with the same profession have got approved. He has cleared up PERM as well.

Does Filling consultancy company or State has to play any role??

Can anyone share their story with their consultancy company how did they do it in an efficient way?.

Sounds like u have half information. NIW doesn't perm. If he went PERM route, denial shouldn't mention NIW. What is reason for denial, they should have indicated why it's denied.

It looks like bachelor’s with 5 years of experience. He should have consulted the attorney. One who tried to bypass labor and job offer, need to prove what’s benefit he brings to the US. The first thing labor certificate need to be approved to make sure company is paying prevailing wages and all advertising and interviewing process is done correctly- which is really tedious. I guess he should have applied EB2 not EB2 NIW. I might be wrong- USCIS is very smart on these things. I know for sure BA, QA, not sure about analyst - if it I-140 or labor clearly don’t state bachelor’s or master’s required, it’s going to be denied.

I got my gc through eb2 niw, but i have a phd. If the person just had bachelor, looking at how things are, i would say pretty sure denial.

But that would be 140 denial not 485 and if it was based on niw, the officer would have argued the endeavor is not in national interest.

If it was not niw and did perm certification and went all the way to interview, something doesnt add up. If there was problem with application, it wouldnt have gone all the way through. If it was denied in interview, must be some issue with lying in the application, off school working f1, dui etc et

@ Meraj

Are you implying that all the PERM route cannot be denied for NIW? Can the rules change over the course of the year or could USCIS not trust the candidate/Consultancy company who is working for the client. Because some consultancy company keeps on applying for GC, and out of 10 I have heard 2-3 are in the ratio of denial although you go through PERM route. Am I missing anything here?

@Rockb

Brother What's the Difference between EB2 and EB2NIW. I believe we all apply EIther Eb3 which is for bachelor and EB2 which is for master. As far as I know, his PERM went though, He had interview and then after 3 months, he got the letter saying USCIS cannot approve GC.

@nepali786,

He has a clean record and denial is after clearing up PERM and going for an Interview.
I don't know if he had lied about the past but the reason for failure is not stated Lying but not in the interest of the nation.

What would be next step ??

That is sad. Nothing can be done