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 change management industry affect EB-2 NIW petition outcomes?

The change management 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)

Change Management Manager

Change Management · 2024-08-21

Decision Date

2024-08-21

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 implement change management strategies through consulting activities. The endeavor involves providing change management services, with an aim to demonstrate national impact through economic contributions.

Framework Evaluation

0 of 3 criteria met

1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner did not establish the national importance of the proposed endeavor, as the consulting activities did not sufficiently demonstrate benefits extending beyond the petitioner's clients to impact the industry more broadly, and financial projections were deemed insufficient to show national impact.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to establish the national importance of the proposed endeavor as required by the first prong of the Dhanasar analysis. USCIS found that the record did not sufficiently demonstrate that the consulting activities offered benefits extending beyond the petitioner's clients to impact the industry more broadly, and the financial projections from the business plan were deemed insufficient to show national impact. Prongs 2 and 3 were not analyzed.

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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: 2024-08-21.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

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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