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 cleaning chemical product wholesale and retail industry affect EB-2 NIW petition outcomes?

The cleaning chemical product wholesale and retail 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) RFE Issued

Marketing Managers

Cleaning Chemical Product Wholesale And Retail · 2024-12-04

Decision Date

2024-12-04

Location

Florida

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 open a U.S. subsidiary of his foreign company, specializing in offering cleaning solutions and producing cleaning chemical products such as detergents, disinfectants, skin care moisturizers, serums, and hair shampoo for industrial, residential, and service sectors.

Framework Evaluation

0 of 3 criteria met

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

The Director found the endeavor had substantial merit but lacked national importance, as it did not demonstrate broader implications or significant positive economic effects beyond adding to the field's knowledge.

2 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined this prong was not satisfied, although specific reasons were not detailed beyond the general lack of national interest.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. The record contained inconsistent information regarding the petitioner's position and wages, diminishing its probative value. The proposed distribution of cleaning chemical products was not shown to have national or global implications, nor significant potential to employ U.S. workers (estimated 9 employees in 5 years) or substantial positive economic effects, especially given the unreliable financial data.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further information, to which the petitioner responded by stating his position title would be 'Business Development Director,' which was inconsistent with the initial Form I-140 and business plan.

RFE Targets

prong 2

Evidence

Evidence Types

Reference Letters Dependent

Similar Cases

Operations Manager

Cleaning Services

USCIS EB-2 (NIW) dismissed

Florida 2025-04-02

The petitioner proposes to operate and expand a company that sells cleaning and sanitizing products, specifically targeting the health sector to reduce the spread of viruses. The endeavor includes providing consulting services to help foreign companies expand into the United States and moving into the food production industry.

Product Manager

Marketing and Advertising

USCIS EB-2 (NIW) rfe dismissed

2023-03-09

The petitioner proposes to work as a product manager, specifically focusing on developing insurance policies for small companies to help them succeed. The work involves leading projects intended to generate company revenue and facilitate the hiring of additional employees.

Engineer

Chemicals

USCIS EB-2 (NIW) dismissed

2024-05-01

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.

Marketing Manager

Marketing and Advertising

USCIS EB-2 (NIW) rfe dismissed

Florida 2023-03-13

The petitioner proposes to work as a marketing manager, utilizing her experience in advertising and media planning to help U.S. companies reach key targets. In response to an RFE, she also proposed developing a marketing consulting agency in Florida to provide brand strategy and digital marketing analysis for small and medium-sized companies.

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.

Browse More Cases

More dismissed cases More Chemicals cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-04.

Browse all cases

At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist