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 food industry industry affect EB-2 NIW petition outcomes?

The food 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

Procurement And Import Specialist

Food Industry · 2024-08-07

Decision Date

2024-08-07

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 procurement and import specialist in the food industry. The endeavor involves expanding the geographical area of operation for a company and diversifying imported food products within the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not meet the threshold EB-2 classification for exceptional ability, failing to prove 10 years of full-time experience or significant industry contributions. Specifically, employment letters lacked job descriptions or full-time status confirmation, and recommendation letters described personal character rather than industry-wide impact. Only the academic record criterion was satisfied.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on how past experience as a sales trader related to the proposed occupation and requested certified translations for foreign documents. The petitioner resubmitted the same evidence and failed to provide a complete translation.

RFE Targets

eb2 qualification

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: 2024-08-07.

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At a Glance

Outcome dismissed

RFE Issued

Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814

Success Rate 53.6%

Sustained 2,046

Dismissed 1,672

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

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