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 health informatics industry affect EB-2 NIW petition outcomes?

The health informatics 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

Data Programmer Analyst And Data Scientist

Health Informatics · Nigeria · 2024-07-10

Decision Date

2024-07-10

Location

Indiana

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 data programmer analyst and data scientist in the field of health informatics, specifically developing and implementing data-driven quality improvement programs and healthcare interventions for pediatric chronic disease management. His long-term plan includes creating artificial intelligence (AI) models for mobile applications to manage chronic diseases and pursuing a doctoral degree in Clinical Informatics.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as its impact is limited to the petitioner's employer and specific hospital patients.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner was not well-positioned, and the AAO declined to reach this argument as the first prong was not met.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this criterion was not met, and the AAO reserved judgment as the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his endeavor (Prong 1). While he had 48 citations and a Master's degree, the evidence did not show his work would have substantial positive economic effects or broader implications beyond his specific employer.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE noted the petitioner had not provided a clear proposed endeavor; he responded by detailing his intent to work in health informatics and AI for pediatric care.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Peer Reviewed Publications

Citations

Reference Letters Dependent

Conference Presentations

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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: 2024-07-10.

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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

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