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 Business industry affect EB-2 NIW petition outcomes?

The Business 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)

Chief Executive

Business · Brazil · 2023-12-15

Decision Date

2023-12-15

Location

Brazil

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, acting as a chief executive, proposed to continue his work in business leadership and administration, specifically focusing on roles such as CEO and CFO within the corporate sector. The record lacks specific details on a new U.S.-based project, focusing instead on his past management of a Brazilian business.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not meet any of the six regulatory criteria for exceptional ability. Specifically, he failed to provide an official academic record, failed to prove ten years of full-time experience due to non-probative and unverified letters, did not provide evidence of a professional license, and failed to provide comparative salary data or evidence of professional memberships and significant industry contributions.

Evidence

Evidence Types

Awards

Media Coverage

Reference Letters Dependent

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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: 2023-12-15.

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At a Glance

Outcome dismissed

Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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