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 education field industry affect EB-2 NIW petition outcomes?

The education field 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)

Qualitative Researcher

Education Field · 2024-07-24

Decision Date

2024-07-24

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 conduct qualitative research on trauma and its impact on students' academic performance and behavior. The work aims to develop strategies for improving student performance and mental health while making school environment vulnerabilities easier to detect.

Framework Evaluation

1 of 3 criteria met

1 Substantial Merit and National Importance Met

The Director found the proposed research into student trauma and academic performance to have substantial merit and national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Petitioner's background is primarily in teaching rather than research, and his minimal publication/citation record does not demonstrate a record of success.

Why This Petition Was Denied

The Petitioner has a Doctor of Education but lacks a record of research success, having only five publications and one citation. His professional experience is primarily in teaching and lecturing rather than research, and he failed to provide a detailed model or plan for future activities or evidence of research funding.

Evidence

Evidence Types

Peer Reviewed Publications

Citations

Reference Letters Dependent

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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: 2024-07-24.

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At a Glance

Outcome dismissed

Criteria Met 1 / 3

Evidence Types 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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