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 energy industry industry affect EB-2 NIW petition outcomes?

The energy industry 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

Entrepreneur And Consultant In The Energy Industry

Energy Industry · 2024-06-07

Decision Date

2024-06-07

Location

Kentucky

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 establish a company in Kentucky providing consulting services for the development and management of energy efficiency projects, promoting alternative renewable energy sources to mitigate fossil fuel impact.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not demonstrate impact beyond the petitioner's specific company and clients.

Why This Petition Was Denied

The petitioner did not establish the national importance of his specific endeavor. He provided general information about the importance of the renewable energy industry and national initiatives but failed to demonstrate how his individual business would impact the field on a national scale or generate substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed endeavor.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Media Coverage

Government Alignment

Expert Letters

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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: 2024-06-07.

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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 3,813

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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