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 chemical industry industry affect EB-2 NIW petition outcomes?

The chemical industry 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)

Chemical Sales Engineer And Technical Consultant

Chemical Industry · 2024-05-01

Decision Date

2024-05-01

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 work as a chemical sales engineer and technical consultant focusing on chemical and biological treatment of industrial waters and waste. The work also involves fire, environmental, and hazard protection of facilities and industrial processes relating to chemical manufacturing and food production.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance or broad impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically regarding national importance. Although the endeavor had substantial merit, the evidence did not show a prospective national impact on societal welfare or significant economic effects. The USCIS noted that expert letters focused more on the petitioner's past experience (Prong 2) rather than the national importance of the specific proposed work.

Evidence

Evidence Types

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: 2024-05-01.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814

Success Rate 53.6%

Sustained 2,046

Dismissed 1,672

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