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

Chief Executive Officer

Q: How does the consulting company serving small and medium-sized enterprises (SMEs) in the paper coil products industry industry affect EB-2 NIW petition outcomes?

The consulting company serving small and medium-sized enterprises (SMEs) in the paper coil products 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.

Consulting Company Serving Small And Medium-Sized Enterprises (SMEs) In The Paper Coil Products Industry · 2025-04-07

Decision Date

2025-04-07

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 the CEO of a consulting company for small and medium-sized enterprises in the paper coil products industry. The work focuses on specialized planning and execution of machinery maintenance, integrating predictive maintenance systems, and promoting energy-efficient solutions. The goal is to modernize industrial processes and enhance operational efficiency for manufacturing clients.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or broader implications for the industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor. Although he holds an MBA and provided expert letters, the projected employment of 16 people and revenue of $535,767 were deemed insufficient to show a substantial economic effect on a $17 billion industry. Furthermore, the evidence did not show that his consulting services would impact the field globally or nationally beyond his specific clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the Dhanasar framework. The petitioner responded with a professional plan, expert opinion letters, and support letters from past employers.

RFE Targets

Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types

Reference Letters Dependent

Government Alignment

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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: 2025-04-07.

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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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