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 automation and cybersecurity industry affect EB-2 NIW petition outcomes?

The automation and cybersecurity 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

Automation And Cybersecurity Manager

Automation And Cybersecurity · 2024-06-20

Decision Date

2024-06-20

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 support public and private companies in various industries as a consultant to promote their development in cybersecurity and information protection. The work involves creating policies, procedures, and response plans for cyber incidents to reduce technological risk.

Framework Evaluation

1 of 3 criteria met

1 Substantial Merit and National Importance Met

The Director found the proposed endeavor to support cybersecurity in public and private sectors had substantial merit and national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to show his work influenced the field or that he had a concrete plan/interest from relevant parties to advance the specific consulting endeavor.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed the second Dhanasar prong; although he has 22 years of experience and a Master's in Business Administration, he did not demonstrate a record of success that influenced the field or a detailed business plan. Recommendation letters were found to be insufficient as they described successful job performance but lacked evidence of broad impact or specific achievements in cybersecurity policy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE for the second and third prongs; the petitioner responded with a recommendation letter from a potential collaborator.

RFE Targets

Well-positioned to Advance the Endeavorprong 3

Evidence

Evidence Types

Reference Letters Dependent

Original Contributions

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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: 2024-06-20.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 1 / 3

Evidence Types 2

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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