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 / Technology industry affect EB-2 NIW petition outcomes?

The Healthcare / Technology 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 Engineer And An Analyst

Healthcare / Technology · Colombia · 2024-06-04

Decision Date

2024-06-04

Location

Florida

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 establish a technology enterprise in Florida to develop an artificial intelligence-based health management platform. This platform integrates wearable devices and AI algorithms to monitor, treat, and prevent life-threatening health events like strokes and heart attacks, specifically for patients with obesity. The system aims to provide real-time data analysis and personalized interventions to improve patient outcomes.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit in science and health, but the petitioner failed to prove its national importance or broader prospective impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor. While the work has substantial merit, the petitioner did not show that the business would have a significant economic impact or broader industry influence. The business plan's projections for creating up to 999 jobs and generating $48 million in revenue lacked sufficient supporting detail to be deemed credible.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national importance of the AI-based health system; the petitioner provided reports on obesity and AI, but they did not link his specific business to a broader national impact.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Original Contributions

Government Alignment

Reference Letters Dependent

Business Plan

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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: 2024-06-04.

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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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