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 Finance Manager industry affect EB-2 NIW petition outcomes?

The Finance Manager 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)

Finance Manager

Finance Manager · 2025-04-09

Decision Date

2025-04-09

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 Finance Manager, focusing on the economy and business sectors. The endeavor involves applying her professional qualities and dedication to the field of finance to advance her career and contribute to the industry.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The Petitioner's recitation of personal qualities and daily reading habits did not demonstrate the national importance of the proposed endeavor.

2 Well-positioned to Advance the Endeavor Not Met

The Petitioner's claims of being well-positioned were not supported by evidence of eligibility at the time of filing.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to provide new facts supported by evidence as required by 8 C.F.R. § 103.5(a)(2). Furthermore, the petitioner did not demonstrate any legal or policy errors in the previous decision, and the evidence of 'consistent progress' occurred after the filing date, which does not establish eligibility at the time of filing.

Evidence

Evidence Types

Original Contributions

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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: 2025-04-09.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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