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 experimental nuclear physics industry affect EB-2 NIW petition outcomes?

The experimental nuclear physics 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

Research Scientist

Experimental Nuclear Physics · 2024-12-20

Decision Date

2024-12-20

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 continue studying the nuclear structure of atomic nuclei produced through different nuclear reactions, using gamma-ray spectroscopy and beta-decay techniques. The goal is to observe excited states in nuclei and measure their properties like excitation energy, lifetime, and modes of decay with their energies.

Framework Evaluation

1 of 3 criteria met

1 Proposed endeavor has both substantial merit and national importance Met

The proposed endeavor to study nuclear structure and properties of atomic nuclei using gamma-ray spectroscopy and beta-decay techniques was found to have substantial merit and national importance, particularly for applications in diagnostic imaging and cancer treatment.

2 Individual is well-positioned to advance their proposed endeavor Not Met

The Petitioner was not found to be well-positioned to advance the endeavor due to insufficient evidence of impactful work, a limited citation record for 5 publications, and not being the primary contact on a National Science Foundation grant, despite having advanced degrees and research experience.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The third prong was not evaluated in detail because the Petitioner failed to establish eligibility under the second prong, thus not demonstrating that waiving the job offer and labor certification requirements would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the second prong of the Dhanasar framework. While the proposed endeavor had substantial merit and national importance, the Petitioner did not sufficiently demonstrate being well-positioned to advance it. Evidence included 5 publications (2022-2023) and recommendation letters, but these were deemed insufficient to prove impactful work or a record of success, and the Petitioner was not the primary contact on a National Science Foundation grant.

Request for Evidence (RFE)

Successfully Addressed

The RFE requested specific insight into the petitioner's intended work in physics. In response, the petitioner detailed his proposed endeavor to study nuclear structure and measure properties of excited states in nuclei, which successfully addressed the RFE's concern regarding the substantial merit and national importance of the endeavor.

RFE Targets

Proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types

Peer Reviewed Publications

Reference Letters Independent

Grants

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: 2024-12-20.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 1 / 3

Evidence Types 7

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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Research Scientist

Proposed Endeavor

Framework Evaluation

Why This Petition Was Denied

Request for Evidence (RFE)

Evidence

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