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 computer systems industry affect EB-2 NIW petition outcomes?

The computer systems 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

Computer Systems Analyst

Computer Systems · Brazil · 2024-08-05

Decision Date

2024-08-05

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, a computer systems analyst, seeks to work in the United States within his field of expertise, though the specific details of a future project or research area were not elaborated upon in the decision due to the threshold denial.

Why This Petition Was Denied

The appeal was dismissed because the petitioner met only one of the three required criteria for exceptional ability (ten years of experience). He failed to provide official academic records from accredited institutions, lacked required professional licenses or certifications, and his reference letters did not demonstrate significant contributions to the industry as a whole.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought evidence for exceptional ability criteria. The petitioner responded with additional training certificates, but these were rejected as they were obtained after the 2021 filing date.

RFE Targets

eb2 qualification

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.

Browse More Cases

More dismissed cases More Information Technology cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-05.

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At a Glance

Outcome dismissed

RFE Issued

Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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

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