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 early childhood education centers industry affect EB-2 NIW petition outcomes?

The early childhood education centers 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

Clinical And Counseling Psychologist

Early Childhood Education Centers · 2024-08-26

Decision Date

2024-08-26

Location

Florida

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 develop a business of early childhood education centers in Florida utilizing a unique 'Early Talent Development and Improvement System.' The endeavor aims to provide comprehensive educational approaches and includes the presence of a full-time child psychologist to support children's mental well-being.

Framework Evaluation

1 of 3 criteria met

1 Substantial Merit and National Importance Met

The Director concluded that the proposed endeavor of establishing early childhood education centers met this criterion.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not demonstrate she met the licensing and educational requirements to work as a clinical psychologist in Florida.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish she was well-positioned to advance the endeavor (Prong 2). Specifically, she failed to provide evidence of the necessary professional licensure or educational requirements to practice as a psychologist in the state of Florida, despite an RFE being issued on this point.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance and proof of the petitioner's qualifications, specifically U.S. licensure; the petitioner failed to provide the requested licensing documentation in response.

RFE Targets

Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types

Reference Letters Dependent

Original Contributions

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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: 2024-08-26.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 1 / 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

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