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 environmental science industry affect EB-2 NIW petition outcomes?

The environmental science 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

Environmental Science Teacher

Environmental Science · 2024-10-02

Decision Date

2024-10-02

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 work as an environmental science teacher in the United States. His future plans include designing a water filtration system for his students using household items related to ecological concepts. He also volunteers for a non-profit human services organization, assisting the homeless.

Framework Evaluation

0 of 3 criteria met

1 Whether the proposed endeavor has substantial merit and national importance. Not Met

The petitioner failed to demonstrate the national importance of his proposed endeavor as an environmental science teacher, as he did not explain how it would impact the field of education or environmental science more broadly.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that his proposed endeavor, working as an environmental science teacher and designing a water filtration system, had national importance. Specifically, he did not provide evidence of how his work would impact the field of education or environmental science more broadly, thus not satisfying the first prong of the Dhanasar framework. The AAO did not evaluate the other Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the proposed endeavor and documentation to show its national importance. The petitioner responded with a cover letter, health and safety certificates, and two recommendation letters, but these were deemed insufficient to establish national importance.

RFE Targets

Whether the proposed endeavor has substantial merit and national importance.

Evidence

Evidence Types

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: 2024-10-02.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 1

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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