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 healthcare industries industry affect EB-2 NIW petition outcomes?

The healthcare industries 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)

Quality Assurance Officer

Healthcare Industries · Ethiopia · 2023-10-11

Decision Date

2023-10-11

Location

Ethiopia

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 in the United States with hospitals or laboratory corporations to provide quality assurance and improvement in health systems and laboratory services. The work includes management of laboratory information systems, accreditation, data digitalization, and technical proficiency in molecular laboratory, hematology, and clinical chemistry.

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 as it does not show a broad impact on the industry or significant economic effects.

2 Well-positioned to Advance the Endeavor Not Met

Due to the lack of a clearly defined and impactful endeavor, the petitioner could not be found well-positioned to advance it.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under Prong 1 and was consequently not found well-positioned under Prong 2. Additionally, the Director had applied a marriage-fraud bar under section 204(c) of the Act, though the AAO focused primarily on the failure to meet the Dhanasar framework.

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: 2023-10-11.

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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 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

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