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 industry affect EB-2 NIW petition outcomes?

The human resources 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)

Human Resources Director

Human Resources · 2024-08-13

Decision Date

2024-08-13

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.

Framework Evaluation

0 of 3 criteria met

1 Proposed endeavor has substantial merit and national importance Not Met

The Petitioner did not establish that her proposed endeavor satisfied the national importance aspect of the first prong, failing to show how her endeavor would have broader implications in the field or would have significant potential to employ U.S. workers or other substantial positive economic effects.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to demonstrate that USCIS erroneously applied law or policy in dismissing her appeal. Specifically, the Petitioner did not establish that her proposed endeavor satisfied the national importance aspect of the first Dhanasar prong, failing to show broader implications, potential for U.S. job creation, or other substantial positive economic effects. The Petitioner's arguments were deemed to be mere disagreement with conclusions without demonstrating legal or policy error, and she did not show how USCIS applied a stricter standard of proof than the preponderance of the evidence.

Evidence

Evidence Types

Personal Statement

Business Plan

Expert Opinion Letter

Probative Research

Similar Cases

HR Professional

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USCIS EB-2 (NIW) dismissed

2025-02-11

The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The AAO found that the Petitioner did not demonstrate her proposed endeavor is of national importance under Dhanasar's first prong, and the same evidence and assertions did not warrant reconsideration.

Consultant

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USCIS EB-2 (NIW) rfe dismissed

2023-12-11

The Petitioner plans to work as a Human Resources Consultant with a focus on strategic HR planning, internal consulting, labor and union relations, personnel administration, training, and organizational development. She intends to set up a consulting company to share her knowledge through events and training for young people and adults.

Unknown Position

Unknown Industry

USCIS EB-2 (NIW) rfe dismissed

2024-08-27

The appeal was dismissed because the Petitioner did not establish eligibility under the first prong of the Dhanasar analytical framework. The motion to reopen was dismissed as no new facts supported by documentary evidence were presented. The motion to reconsider was dismissed because the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy, or that the decision was incorrect based on the evidence in the record at the time.

Researcher

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USCIS EB-2 (NIW) dismissed

2025-02-25

The Director of the Texas Service Center denied the petition, concluding that the record did not establish that that the proposed endeavor was of national importance, that the Petitioner is well positioned to advance the endeavor, or that it would be beneficial to waive the requirements of a job offer. The appeal was dismissed as moot because the Petitioner's application to register permanent residence was subsequently approved on October 15, 2024, based on another approved petition.

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: 2024-08-13.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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