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 industry affect EB-2 NIW petition outcomes?

The engineering 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)

Engineering Project Manager And Entrepreneur

Engineering · 2025-01-21

Decision Date

2025-01-21

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 an endeavor as an engineering project manager and entrepreneur. This endeavor involves a business plan with staffing and revenue projections, aiming to contribute to the U.S. economy.

Framework Evaluation

0 of 3 criteria met

1 Proposed endeavor has substantial merit and national importance Not Met

USCIS found that while the endeavor had substantial merit, the petitioner did not establish its national importance, particularly regarding the scale of economic benefits or impact from the business plan's projections.

2 Petitioner is well-positioned to advance the endeavor Not Met

The AAO reserved judgment on this prong. However, the Director's affirmed decision indicated that the petitioner's credentials and experience did not sufficiently demonstrate the national importance or broad impact of the proposed endeavor.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The AAO reserved judgment on this prong. The Director's affirmed decision concluded that a waiver of the job offer and labor certification would not be in the national interest.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility under the first Dhanasar prong, specifically regarding the national importance of the proposed endeavor. The Director's decision, which was affirmed, found that the business plan's staffing and revenue projections were not adequately explained to demonstrate national importance, and recommendation letters did not sufficiently address the endeavor's national impact. Industry articles and reports were found not to discuss the petitioner's specific endeavor, and the national shortage of business professionals alone was deemed insufficient to establish national importance. The AAO reserved judgment on prongs 2 and 3 due to the failure on prong 1.

Evidence

Evidence Types

Reference Letters Dependent

Original Contributions

Commercial Success

Similar Cases

Industrial Engineer

Engineering · Russia

USCIS EB-2 (NIW) rfe dismissed

2024-08-26

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.

Mechanical Engineer

Automotive

USCIS EB-2 (NIW) rfe dismissed

Florida, United States 2024-11-26

The petitioner proposes to open a "Consulting, Advising, and Solutions Company in Automative Mechanical Engineering" to serve the business-to-business (B2B) market at a national level. This endeavor aims to provide services to factories, vehicle assemblers, car rental agencies, auto part companies, vehicle dealers, and vehicle insurers.

Entrepreneur

Others

USCIS EB-2 (NIW) dismissed

2025-01-21

The petitioner proposes to operate a consulting company providing services to other businesses, specifically in the field of production engineering. The endeavor aims to leverage the petitioner's expertise to assist businesses, though the specific nature of these services and their direct national impact were not sufficiently demonstrated.

Project Manager

Engineering

USCIS EB-2 (NIW) dismissed

2024-10-17

The petitioner's proposed endeavor involves business process management and process engineering, with the petitioner claiming it will contribute to the field and have far-reaching implications for the national economy and community well-being on a national scale.

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.

Browse More Cases

More dismissed cases More Engineering cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-21.

Browse all cases

At a Glance

Outcome dismissed

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

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist