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 human capital formation industry affect EB-2 NIW petition outcomes?

The human capital formation 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

Director Of His Nonprofit Organization

Human Capital Formation · Belgium · 2024-07-19

Decision Date

2024-07-19

Location

Texas

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 attract more American students to STEM fields and bridge the gender gap through a nonprofit organization by providing scholarships, supplemental instruction, mentoring, and coaching, as well as conducting research on STEM education strategies.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit in education but lacks national importance because the impact is localized to a specific institution and lacks broader implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor. While the project showed success at a Texas community college with 20 scholarships and improved success rates in specific sections, it lacked evidence of broader implications or significant economic impact despite projections of 1,600 jobs and $9.1 million in revenue.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner responded with details of his nonprofit's success at a community college and plans for expansion.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Peer Reviewed Publications

Awards

Reference Letters Dependent

Original Contributions

Government Alignment

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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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-19.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814

Success Rate 53.6%

Sustained 2,046

Dismissed 1,672

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