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 Asset integrity management and consulting services industry affect EB-2 NIW petition outcomes?

The Asset integrity management and consulting services 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)

Engineering Professional

Asset Integrity Management And Consulting Services · Brazil · 2024-06-27

Decision Date

2024-06-27

Location

United States

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 build a company that provides asset integrity management and consulting services to companies in various industries, including energy and environmental protection. The work involves applying expertise in maintenance engineering to improve the performance, resilience, and sustainability of critical infrastructure assets.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The Petitioner did not establish that the specific endeavor would have a broader impact on the field or implications beyond his own company and its clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first Dhanasar prong, as the evidence did not show the endeavor's impact would extend beyond his specific clients to the broader field. Additionally, the AAO found the petitioner committed willful misrepresentation by submitting inauthentic emails and a fabricated interview article in prior and current proceedings. The petitioner's claims of creating 11 jobs and addressing engineering shortages were insufficient to establish national importance.

Evidence

Evidence Types

Original Contributions

Government Alignment

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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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-06-27.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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