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 ear, nose and throat (ENT) physician and surgeon industry affect EB-2 NIW petition outcomes?

The ear, nose and throat (ENT) physician and surgeon 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)

Ear, Nose And Throat (ENT) Physician And Surgeon

Ear, Nose And Throat (ENT) Physician And Surgeon · 2025-03-20

Decision Date

2025-03-20

Location

Brazil

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 proposed endeavor is to establish a network of clinics providing specialized rehabilitative services for individuals with speech, swallowing, and hearing disorders. These clinics will also operate mobile health units for diagnostic and treatment services, community outreach, and education.

Framework Evaluation

2 of 3 criteria met

1 Proposed endeavor has both substantial merit and national importance Met

The Director and USCIS agreed that the Petitioner established the substantial merit and national importance of the proposed endeavor.

2 Individual is well-positioned to advance the proposed endeavor Met

USCIS found the Petitioner well-positioned, citing their Doctor of Medicine degree, record of success in managing medical practices, leadership roles, publications (6 articles cited 211 times), and a detailed business plan.

3 On balance, it would benefit the United States to waive the job offer and labor certification requirements Not Met

The Petitioner did not establish that it would be impractical to obtain a job offer or labor certification, nor that the national interest in their contributions was sufficiently urgent to warrant waiving the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the third Dhanasar prong, despite meeting the first two. While the Petitioner demonstrated significant publication (6 articles cited 211 times) and clinical leadership, and holds an advanced STEM degree, they did not prove it would be impractical to secure a job offer or that the national interest in their contributions was sufficiently urgent to waive labor certification.

Evidence

Evidence Types

Peer Reviewed Publications

Citations

Reference Letters Independent

Original Contributions

Government Alignment

Commercial Success

Clinical Deployment

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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: 2025-03-20.

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At a Glance

Outcome dismissed

Criteria Met 2 / 3

Evidence Types 7

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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