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.

dismissed EB-2 (NIW) RFE Issued

General And Operations Manager

Q: How does the Business Organization and Optimization in the area of organizational development industry affect EB-2 NIW petition outcomes?

The Business Organization and Optimization in the area of organizational development 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.

Business Organization And Optimization In The Area Of Organizational Development · 2025-03-24

Decision Date

2025-03-24

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 establish a business consulting firm focused on administrative management, strategic planning, and business process optimization, specifically targeting law firms. The endeavor aims to use an online platform with learning algorithms to analyze financial data and provide assessment reports for extrajudicial debt negotiation and financial modeling.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of the endeavor (Prong 1). The record lacked specific, credible business plans, overemphasized the importance of the industry rather than the specific work, and failed to show substantial economic impact beyond the Petitioner's immediate clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for more clarification on the substantive nature of the proposed endeavor; the Petitioner responded with details on a software platform and workforce training alignment.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Reference Letters Dependent

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: 2025-03-24.

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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 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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