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 automotive sector, digital marketing and market entry industry affect EB-2 NIW petition outcomes?

The automotive sector, digital marketing and market entry 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

Provision Of Consulting Services And Marketing Strategies

Automotive Sector, Digital Marketing And Market Entry · 2024-05-30

Decision Date

2024-05-30

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 provide consulting services and marketing strategies to U.S. companies, specifically within the automotive sector. The work involves developing commercial and digital marketing strategies, digital content, and technological platforms to increase profitability, sustainability, and efficiency for clients. Additionally, the endeavor aims to support government initiatives promoting electric vehicle sales through market entry expertise.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance because its impact is limited to the petitioner's clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor (Prong 1). Although the automotive industry is important, the petitioner did not show how their specific marketing services would have broader implications beyond their individual clients or create substantial economic impact. The petitioner also failed to demonstrate eligibility for the HUBZone program they cited as a potential benefit.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence that the endeavor had national importance and that the petitioner was well-positioned; the petitioner responded with more details on their business venture and industry reports.

RFE Targets

Substantial Merit and National Importanceprong 2

Evidence

Evidence Types

Media Coverage

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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-30.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 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

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

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