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 artificial intelligence (AI) enabled customer experience software industry affect EB-2 NIW petition outcomes?

The artificial intelligence (AI) enabled customer experience software 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

Chief Executive Officer (CEO)

Artificial Intelligence (AI) Enabled Customer Experience Software · Israel · 2024-10-15

Decision Date

2024-10-15

Location

Israel

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 expand his company, which provides artificial intelligence (AI) enabled customer experience software, by implementing it in medium to large organizations in the U.S. and globally. He intends to partner with certified distributors and consultants to deliver innovative AI capabilities, boost customer engagement, and provide exceptional return on investment, while also relocating his company from Israel to the U.S. and developing an innovation center in Ohio.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The AAO found that the petitioner did not sufficiently demonstrate the national importance of his proposed endeavor, failing to show broader implications or substantial positive economic effects for the U.S. economy beyond his direct clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While the Director initially found the petitioner qualified for an advanced degree and was well-positioned to advance the endeavor, the AAO concluded that the petitioner did not provide sufficient evidence to demonstrate that his work would have substantial positive economic effects or broader societal welfare impact beyond his direct clients, despite claims of generating millions in tax revenues and employment.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the proposed endeavor and the benefit of waiving the job offer. The petitioner responded by contending the Director's decision was flawed and provided additional evidence, including a personal statement, recommendation letters, and industry reports.

RFE Targets

Substantial Merit and National Importanceprong 3

Evidence

Evidence Types

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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-15.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

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