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.

dismissed EB-2 (NIW) RFE Issued

Cyber-Physical System Consultant

Q: How does the Information and Communication Technologies and Applied Electronics Design industry affect EB-2 NIW petition outcomes?

The Information and Communication Technologies and Applied Electronics Design 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.

Information And Communication Technologies And Applied Electronics Design · 2024-03-20

Decision Date

2024-03-20

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 build cyber-physical systems as novel tools for physicians to identify and monitor real-time restoration of consciousness in brain injury and COVID-19 comatose patients. The system utilizes cloud computing and 5G networks to integrate data collection and real-time analysis to reduce long-term cognitive disability.

Framework Evaluation

1 of 3 criteria met

1 Substantial Merit and National Importance Met

The Director conceded that the proposed endeavor had substantial merit and national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not demonstrate a record of success or a leading role in the research projects or business development.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not meet the second Dhanasar prong. He failed to show a record of success in neuroscience research, lacked a leading role in funded projects, and did not provide evidence of interest from potential customers for his business plan.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the second and third prongs. The petitioner responded with a business plan, training certificates, and consulting evidence, but failed to show a determinative role in research.

RFE Targets

Well-positioned to Advance the Endeavorprong 3

Evidence

Evidence Types

Reference Letters Dependent

Grants

Conference Presentations

Professional Memberships

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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: 2024-03-20.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 1 / 3

Evidence Types 4

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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