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 Dermatology industry affect EB-2 NIW petition outcomes?

The Dermatology 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

Entrepreneurial Dermatologist

Dermatology · 2024-07-10

Decision Date

2024-07-10

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 is an entrepreneurial dermatologist proposing to establish a business in an economically depressed area or underutilized business zone. The endeavor aims to bring investment to these areas to contribute to their revitalization and provide dermatological services.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The petitioner failed to show the endeavor had broader implications or substantial economic effects beyond the local area.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to provide new facts or evidence for a motion to reopen and failed to identify specific errors of law or fact for a motion to reconsider. Regarding the merits, the petitioner did not establish the national importance of the endeavor under the first Dhanasar prong, as the economic impact was deemed localized.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner submitted an RFE response introducing entrepreneurial aspects to the business plan to show commitment to economically depressed areas.

RFE Targets

Substantial Merit and National Importance

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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: 2024-07-10.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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