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 Industrial Production industry affect EB-2 NIW petition outcomes?

The Industrial Production 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

Industrial Production Manager

Industrial Production · 2025-03-25

Decision Date

2025-03-25

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 initially proposed to work as an industrial production manager. The text does not provide further details on the specific research area, work focus, methodologies, or intended impact of this initial endeavor.

Framework Evaluation

0 of 3 criteria met

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

USCIS found that the petitioner did not sufficiently show that the initial endeavor of working as an industrial production manager was nationally important or had substantial merit. The RFE was issued due to a lack of evidence regarding national or global implications, alignment with national initiatives, or positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to sufficiently demonstrate that the initial endeavor of working as an industrial production manager had national importance. A Request for Evidence (RFE) was issued because the initial evidence did not show national or global implications, alignment with national initiatives, or substantial positive economic effects. In response to the RFE, the petitioner made an impermissible material change to the proposed endeavor, shifting from an industrial production manager to an entrepreneur operating a company focused on wind farm maintenance services. USCIS declined to consider this new endeavor, and the petitioner failed to overcome the Director's finding regarding the initial endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to demonstrate that the petitioner's initial proposed endeavor as an industrial production manager had national importance. In response, the petitioner impermissibly changed the proposed endeavor to operating a company focused on wind farm maintenance, which was not considered.

RFE Targets

The proposed endeavor has both substantial merit and national importance

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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: 2025-03-25.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

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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