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 Clinical Research and Epidemiology industry affect EB-2 NIW petition outcomes?

The Clinical Research and Epidemiology 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)

Physician-Scientist Specializing In Epidemiology

Clinical Research And Epidemiology · Brazil · 2025-03-06

Decision Date

2025-03-06

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 serve as a Physician-Scientist specializing in Epidemiology, focusing on data collection and analysis to address health challenges and provide health services to U.S. citizenry. This work would be conducted for American hospitals, clinics, research institutions, laboratories, universities, and similar organizations, with an emphasis on top-tier research.

Framework Evaluation

0 of 3 criteria met

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

The AAO found the proposed endeavor lacked national importance due to insufficient detail on specific research, methodology, and broader implications, withdrawing the Director's initial finding.

2 The individual is well-positioned to advance the proposed endeavor Not Met

The AAO found the Petitioner not well-positioned due to the lack of U.S. state medical licensure and an insufficiently detailed model or plan for future activities.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the first and second Dhanasar prongs. For Prong 1, the AAO found the proposed endeavor lacked national importance due to insufficient detail on specific research, methodology, and broader implications. For Prong 2, the Petitioner was not deemed well-positioned to advance the endeavor as a physician specializing in epidemiology, primarily due to the lack of U.S. state medical licensure and an unspecific plan for future activities, despite holding a 'Titulo de Medico' from Brazil.

Evidence

Evidence Types

Peer Reviewed Publications

Original Contributions

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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: 2025-03-06.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 2

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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