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 engineering firm industry affect EB-2 NIW petition outcomes?

The engineering firm 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

Industrial Engineer And Administrative And Facilities Manager

Engineering Firm · Russia · 2024-08-26

Decision Date

2024-08-26

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 initially proposed to work as an independent contractor, an industrial engineer, and in administrative and facilities management. Later, in response to an RFE, the proposed endeavor materially changed to opening and operating his own engineering firm, managing numerous employees, and leading the firm as a CEO, delivering innovative, sustainable, and cost-effective engineering solutions.

Framework Evaluation

0 of 3 criteria met

1 Proposed endeavor has substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit but lacked sufficient evidence to demonstrate national importance, particularly regarding its broader impact beyond the petitioner's business or significant job creation/economic effects. The material change in the proposed endeavor also complicated the assessment.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that the proposed endeavor has national importance under Dhanasar's first prong. USCIS found a material change in the proposed endeavor from an independent engineer to a CEO of an engineering firm. Even considering the revised endeavor, the record lacked evidence of significant potential to employ U.S. workers or substantial positive economic impact beyond the petitioner's business and potential customers. Financial projections of $3.5 million revenue and 6 employees by year five lacked corroborating evidence and were deemed insufficient to demonstrate national economic significance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the proposed endeavor. In response, the petitioner submitted a business plan that materially changed the proposed endeavor from an independent industrial engineer to a CEO of an engineering firm, which was not accepted as a clarification.

RFE Targets

Proposed endeavor has substantial merit and national importance

Evidence

Evidence Types

Reference Letters Dependent

Commercial Success

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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 0 / 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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