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 sustainability consulting industry industry affect EB-2 NIW petition outcomes?

The environmental sustainability consulting 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

Sustainability Advisor

Environmental Sustainability Consulting Industry · 2024-07-22

Decision Date

2024-07-22

Location

South Florida

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 a Sustainability Advisor providing expert in-house project sustainability and environmental consulting services to U.S. businesses. The work involves establishing in-depth plans, managing project phases, evaluating environmental policies, and performing comprehensive audits to mitigate environmental damage and raise organizational awareness of conservation.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or broader industry implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the record lacked evidence that the consulting work would operate on a scale to impact the industry more broadly or generate substantial positive economic effects through job creation or tax payments.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the endeavor; the petitioner provided a personal plan and expert letters, but these were found insufficient to show impact beyond the immediate clientele.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Reference Letters Dependent

Government Alignment

Media Coverage

Expert Opinion Letter

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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: 2024-07-22.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 4

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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