How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the agriculture and food science industry affect EB-2 NIW petition outcomes?

The agriculture and food science sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Agricultural And Food Science Technician

Agriculture And Food Science · 2024-07-02

Decision Date

2024-07-02

Location

New York

This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to establish and operate a halal meat and dairy farm in New York. The endeavor focuses on producing halal-certified products using environmental sustainability and community engagement practices to meet growing market demand.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the business plan projected earnings of $8,005,146 by the eleventh year and the creation of 14 jobs, the evidence did not show these figures would have a substantial economic effect or impact the industry more broadly beyond individual consumers.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested future business plans; the petitioner provided a business plan for a halal farm which the Director initially considered a material change but the AAO accepted for review.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Media Coverage

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-02.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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