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 Customer service and hospitality markets industry affect EB-2 NIW petition outcomes?

The Customer service and hospitality markets 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

Customer Service Provider & Manager

Customer Service And Hospitality Markets · Kazakhstan · 2023-08-01

Decision Date

2023-08-01

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 customer service provider and manager, offering expertise in business strategy and management to help American companies. In an RFE response, she also proposed opening and operating a boutique hotel in New York to revive the hotel industry and train others in high-quality customer service.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor was found to have substantial merit but lacked evidence of national importance or broader implications beyond the immediate employer.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first Dhanasar prong regarding national importance. The AAO found that her work as a customer service manager for an unidentified employer lacked broader implications for the field or substantial economic impact, and her attempt to change her endeavor to a hotel business plan in response to an RFE was considered a material change that could not be considered.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the national importance of the endeavor; the petitioner responded with a new business plan for a boutique hotel, which the AAO deemed an impermissible material change.

RFE Targets

Substantial Merit and National Importance

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 Hospitality cases More cases from Kazakhstan

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-08-01.

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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

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