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 cyber-physical system consultant industry affect EB-2 NIW petition outcomes?

The cyber-physical system consultant 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)

Cyber-Physical System Consultant

Cyber-Physical System Consultant · 2024-11-05

Decision Date

2024-11-05

Location

U.S.

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 build cyber-physical systems to apply recently discovered biomarkers for real-time identification and minor consciousness progression in brain injury and COVID-9 comatose patients. This tool would integrate data collection for real-time analysis to assess patient unresponsiveness from various locations without requiring a physician's presence.

Framework Evaluation

0 of 3 criteria met

1 Well-Positioned to Advance the Proposed Endeavor Not Met

The petitioner did not provide sufficient evidence to support his entrepreneurial business endeavor, lacking proof of investments, a clear business plan, or a record of success. The intellectual property for the proposed tool was also found to be owned by his employer, not by him as an entrepreneur.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to establish eligibility for a national interest waiver, specifically not satisfying the second Dhanasar prong. USCIS found insufficient evidence of a business plan, investments, or a record of success in his specific entrepreneurial endeavor. Furthermore, the invention disclosure for the proposed tool indicated that the intellectual property was assigned to the petitioner's employer, undermining his claim to advance the endeavor as an entrepreneur.

Evidence

Evidence Types

Reference Letters Independent

Grants

Original Contributions

Patents

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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: 2024-11-05.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 4

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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