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 / University setting industry affect EB-2 NIW petition outcomes?

The Education / University setting 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

Lecturer

Education / University Setting · 2025-03-26

Decision Date

2025-03-26

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 apply computer science principles, big data, and generative artificial intelligence to optimize business processes and organizational design. She intends to conduct research through literature reviews and empirical case studies while also serving as a lecturer in a university setting.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked national importance due to its limited potential impact on the field.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not demonstrate a record of success, funding, or prospective interest from relevant U.S. entities.

3 On Balance, Beneficial to Waive Job Offer Not Met

This prong was not reached or satisfied because the first two prongs were not met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor (Prong 1) and failed to show she was well-positioned to advance it (Prong 2). Specifically, she lacked evidence of broad field impact, had no interest from U.S. employers or funding sources, and her past research was not shown to have generated substantial positive discourse or progress in the industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence for all three Dhanasar prongs; the petitioner provided a brief, a second statement, and evidence of publications and citations.

RFE Targets

Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types

Peer Reviewed Publications

Citations

Conference Presentations

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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: 2025-03-26.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 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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