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 security industry affect EB-2 NIW petition outcomes?

The cyber security 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 Security Specialist

Cyber Security · 2024-09-27

Decision Date

2024-09-27

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 combat cyberattacks through real-time threat detection and mitigation using an artificial intelligence (AI) framework. This framework aims to process large volumes of threat intelligence data from diverse sources in real-time using Natural Language Processing (NLP) and leverage anomaly detection techniques to identify unusual patterns indicative of emerging cyberattacks.

Framework Evaluation

0 of 3 criteria met

1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner did not sufficiently demonstrate how his proposed endeavor would have a broader impact extending beyond his company and its clients, failing to rise to the level of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under Dhanasar's first prong. USCIS found that the petitioner did not sufficiently demonstrate how his work would have a broader impact beyond his company and clients. Expert letters lacked specific examples or evidence of contributions, and white papers did not show significant influence or publication/citation by other experts. The petitioner's proposed AI framework lacked specific design details and implementation plans, appearing undefined and in flux.

Evidence

Evidence Types

Reference Letters Dependent

Original Contributions

Similar Cases

Research Scientist

Artificial Intelligence · China

WeGreened EB-2 (NIW) approved

California 16 days 2025-05-17

The petitioner proposes to continue research at the intersection of natural language processing (NLP) and large language models (LLMs) specifically for cybersecurity threat detection. This work involves developing AI-driven frameworks that enable real-time identification and risk assessment of cyber threats to protect government entities and businesses. The endeavor aims to mitigate financial damage and enhance the security of vital national infrastructure through automated threat intelligence.

View Case

Chief Executive Officer (CEO)

Information Technology · Colombia

USCIS EB-2 (NIW) rfe remanded

Florida 2025-02-13

The petitioner proposes to develop a company providing cybersecurity services, specifically focusing on development, consulting, and training services for Critical Infrastructure Control Systems in both private and public sectors. The goal is to enhance cybersecurity within these systems.

IT Manager

Information Technology · Bangladesh

WeGreened EB-2 (NIW) rfe approved

California 209 days 2025-07-15

The petitioner proposes to design intelligent algorithms that enable early disease detection, facilitate automated diagnostics, and strengthen proactive cyber threat management. This work focuses on applying cost-effective artificial intelligence solutions to improve diagnostic accuracy in healthcare and fortify national cybersecurity infrastructure.

View Case

Others

Software

USCIS EB-2 (NIW) rfe dismissed

2024-06-20

The petitioner proposes to support public and private companies in various industries as a consultant to promote their development in cybersecurity and information protection. The work involves creating policies, procedures, and response plans for cyber incidents to reduce technological risk.

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 Security cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-27.

Browse all cases

At a Glance

Outcome dismissed

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

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist