I think that you should really try to appeal. It seems that you do have a strong case but it was denied for some tricky reason. So it will be better if you act now and try your best to beat this bad luck. If you tried your best and still fail, then just refill later. At least you tried your best and there is no regret for not fighting back.
I know it is always easier to say than to do. But that is what I will do if I were you. When I prepared materials for response to intend to deny, I thought about what I could do if the case got denied. I thought I would fight back and claim my right. I hope that you will not give up your right easily. If you don't fight for that, no one will.
For this particular case, my suggestions:
1. find some experienced and responsible lawyer. I feel that it is hard to do that by himself for everyone.
2. Look at your original submission and RFE and see whether there is anything that you presented to prove the point that national interest will be impaired if you don't get LC waiver. The point should have been addressed before and you should be able to pick up your argument and put them together in your appeal.
3. I don't know whether they will still accept new evidence. Check with your lawyer. If it is possible, try to get them to support your case.
4. Sometimes they just overlook your materials. If you represent them in a well-organized way, they will realize that they did make a big mistake denying your case. In my notice of Intend to Deny, they asked me how national interest will be impaird if LC waiver is not applied. But in my initial submission, there are 4 pages addressing this point specifically. later, in my response, I put the same argument from my original submission and it was taken without any further questions. I highly suspect they ever looked through my materials.
5. Please stay calm and do your best. I understand your feeling since I have been despearted when I got the notice of Intend to Deny. But I know that is not time for sadness. It was the time for fighting back. I didn't give up and my case was approved finally, after so many struggling. There is always something that we can't control in our lives. But we still need to try our best.
Good luck. I really hope that you get your case approved.
I know it is always easier to say than to do. But that is what I will do if I were you. When I prepared materials for response to intend to deny, I thought about what I could do if the case got denied. I thought I would fight back and claim my right. I hope that you will not give up your right easily. If you don't fight for that, no one will.
For this particular case, my suggestions:
1. find some experienced and responsible lawyer. I feel that it is hard to do that by himself for everyone.
2. Look at your original submission and RFE and see whether there is anything that you presented to prove the point that national interest will be impaired if you don't get LC waiver. The point should have been addressed before and you should be able to pick up your argument and put them together in your appeal.
3. I don't know whether they will still accept new evidence. Check with your lawyer. If it is possible, try to get them to support your case.
4. Sometimes they just overlook your materials. If you represent them in a well-organized way, they will realize that they did make a big mistake denying your case. In my notice of Intend to Deny, they asked me how national interest will be impaird if LC waiver is not applied. But in my initial submission, there are 4 pages addressing this point specifically. later, in my response, I put the same argument from my original submission and it was taken without any further questions. I highly suspect they ever looked through my materials.
5. Please stay calm and do your best. I understand your feeling since I have been despearted when I got the notice of Intend to Deny. But I know that is not time for sadness. It was the time for fighting back. I didn't give up and my case was approved finally, after so many struggling. There is always something that we can't control in our lives. But we still need to try our best.
Good luck. I really hope that you get your case approved.
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