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 resources, administrative management, and accounting industry affect EB-2 NIW petition outcomes?

The human resources, administrative management, and accounting 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)

Chief Executive Officer (CEO)

Human Resources, Administrative Management, And Accounting · 2025-03-20

Decision Date

2025-03-20

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 and serve as the Chief Executive Officer (CEO) of a consulting firm, I I, id IFlorida, dedicated to providing management-consulting services with a strong emphasis on human resources, finance, and accounting. The firm intends to serve small and medium-sized enterprises (SMEs) needing assistance with administrative, financial, and commercial restructuring, and educational institutions seeking expert guidance to enhance operational efficiency and overall performance.

Framework Evaluation

0 of 3 criteria met

1 The proposed endeavor has both substantial merit and national importance Not Met

The Director determined the Petitioner established the substantial merit, but not the national importance, of her proposed endeavor. The record did not show how her business would broadly influence the field or impact the U.S. economy more broadly at a level commensurate with national importance.

2 The individual is well-positioned to advance their proposed endeavor Not Met

USCIS reserved judgment on this prong as the first prong was dispositive. The decision noted that letters of recommendation related more to this prong by covering the petitioner's prior work and accomplishments.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

USCIS reserved judgment on this prong as the first prong was dispositive, concluding that it was unnecessary to make advisory findings on issues not essential to the ultimate decision.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor, which is the first prong of the Dhanasar framework. While the Director initially found the petitioner met three exceptional ability criteria (academic record, license, professional memberships), the final merits determination concluded she lacked the requisite expertise. The business plan's projected revenue of $340,000 in year one rising to $1,235,000 in year five, and job creation of 4 in year one rising to 17 in year five, were deemed insufficient to demonstrate substantial positive economic effects at a national level. Letters of recommendation focused on past accomplishments rather than the broader impact of the proposed work.

Evidence

Evidence Types

Academic Records

Licenses

Professional Memberships

Reference Letters Dependent

Commercial Success

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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: 2025-03-20.

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At a Glance

Outcome dismissed

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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