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

Chemical Engineer And Entrepreneur, Chief Executive Officer (CEO)

Q: How does the chemical engineer, industrial chemistry and food manufacturers, STEM technologies and research, chemical engineering, food safety and quality industry affect EB-2 NIW petition outcomes?

The chemical engineer, industrial chemistry and food manufacturers, STEM technologies and research, chemical engineering, food safety and quality 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.

Chemical Engineer, Industrial Chemistry And Food Manufacturers, STEM Technologies And Research, Chemical Engineering, Food Safety And Quality · 2025-03-03

Decision Date

2025-03-03

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 and act as CEO of a company providing specialized services to industrial chemistry and food manufacturers. The endeavor aims to make chemical and food industry operations more efficient and profitable by assisting with administrative and project management, creating specifications for process optimization, and helping clients obtain globally recognized certifications.

Framework Evaluation

0 of 3 criteria met

1 The proposed endeavor has both substantial merit and national importance. Not Met

The Petitioner demonstrated substantial merit but failed to establish national importance. The endeavor's potential impact was not shown to have broader implications or substantial positive economic effects at a national level, beyond merely operating in an important field.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the first prong of the Dhanasar framework, specifically regarding national importance. USCIS found that merely working in an important field like chemical engineering or food safety is insufficient; the Petitioner did not sufficiently detail how her specific endeavor would meaningfully impact broader governmental initiatives or provide substantial positive economic effects beyond general economic activity. The Director also noted that alleged shortages in STEM fields are addressed by labor certification, not NIW.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the proposed endeavor's substantial merit and national importance, and whether the Petitioner was well-positioned to advance it. The Petitioner responded by detailing her company's services aimed at safeguarding public health and consumer confidence in the U.S. food supply.

RFE Targets

The proposed endeavor has both substantial merit and national importance.prong 2

Evidence

Evidence Types

Reference Letters Independent

Commercial Success

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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: 2025-03-03.

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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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