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 economic development professional industry affect EB-2 NIW petition outcomes?

The economic development professional 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

Economic Development Professional

Economic Development Professional · Colombia · 2024-06-04

Decision Date

2024-06-04

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 international expansion strategies for small- and medium-sized enterprises (SMEs) to strengthen business relationships between U.S. companies and Latin America. He aims to provide legal strategies, scholarly articles, and direct advice to foreign governments to protect U.S. investors and enhance U.S. economic competitiveness.

Framework Evaluation

1 of 3 criteria met

1 Well-positioned to Advance the Endeavor Met

The Director found the Petitioner well-positioned to advance the endeavor based on his qualifications.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or significant potential to employ U.S. workers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his endeavor (Prong 1). While he holds a master's degree in development management, his evidence consisted of general industry reports that did not demonstrate how his specific consulting work would have a substantial prospective impact on the U.S. economy as a whole.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more specific details regarding the proposed endeavor. The petitioner clarified his focus on SME expansion strategies, but the response did not satisfy the national importance requirement.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Government Alignment

Media Coverage

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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: 2024-06-04.

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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

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