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 immigration document preparer industry affect EB-2 NIW petition outcomes?

The immigration document preparer 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

Immigration Document Preparer And Entrepreneur

Immigration Document Preparer · 2024-11-14

Decision Date

2024-11-14

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's company would assist immigrants, primarily Spanish speakers, with filling out immigration forms, explaining questions, translating if necessary, and verifying applicant confidence. The company also plans to hire individuals to review forms and establish alliances with non-profit organizations, insurance companies, tax companies, and immigration lawyers.

Framework Evaluation

0 of 3 criteria met

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

The proposed endeavor was found to have substantial merit, but the petitioner did not sufficiently demonstrate its national importance, lacking evidence for broad impact beyond customers, job creation, economic effects, or unique methods.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. The Director found insufficient evidence to support claimed staffing and revenue projections, demonstrate national impact beyond customers, show operation in an economically depressed area, prove significant potential to employ U.S. workers, or illustrate unique methods. The new evidence submitted on appeal was not considered as it was not provided in response to the RFE.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed endeavor under Dhanasar's first prong. The petitioner submitted new evidence on appeal, but it was not considered because it was not provided in response to the initial RFE.

RFE Targets

The proposed endeavor has both substantial merit and national importance.

Evidence

Evidence Types

Reference Letters Dependent

Commercial Success

Similar Cases

General Manager

Consulting · Brazil

USCIS EB-2 (NIW) dismissed

Florida 2024-05-06

The petitioner proposes to operate a consultancy business in Florida providing assistance with personal regularization for immigrants and advising on the development of Latino immigrant businesses. The work focuses on legal compliance, business efficiency, and economic growth for the immigrant community.

Lawyer

Financial Services

USCIS EB-2 (NIW) rfe dismissed

Florida 2024-08-26

The petitioner proposes to foster economic growth and improve the U.S. labor market by mitigating migrant remittances. This involves developing financial and investment knowledge in noncitizens through training, conferences, consultancies, infographics, and recommending investment projects within the United States.

Others

Unknown Industry

USCIS EB-2 (NIW) dismissed

2024-12-19

The petitioner's proposed endeavor is to obtain an EB-2 immigrant classification as a member of the professions holding an advanced degree, with a national interest waiver of the job offer requirement.

Consultant

Legal Services

USCIS EB-2 (NIW) rfe dismissed

Texas 2024-06-04

The petitioner proposes to work as an independent legal consultant and immigration paralegal, providing services in international logistics, supply chain solutions, and immigration-related visa processing. She also expressed intent to open a licensed visa and immigration consulting firm in Texas to assist individuals and businesses with U.S. citizenship and global marketplace issues.

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

More dismissed cases More Legal Services cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-14.

Browse all cases

At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist