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 Information and Technology (IT) industry affect EB-2 NIW petition outcomes?

The Information and Technology (IT) 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

IT PROJECT MANAGER

Information And Technology (IT) · 2024-05-02

Decision Date

2024-05-02

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 work as an IT Project Manager specializing in Enterprise Resource Planning (ERP) and IT infrastructure projects to improve business communications, controls, and market interaction for U.S. companies.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. Specifically, the petitioner did not provide evidence of the endeavor's national importance, such as specific metrics for job creation, revenue generation, or broader impact on the IT industry or U.S. economy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner provided updated statements and industry articles in response to the RFE, but these failed to establish the national importance of the specific proposed endeavor.

RFE Targets

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: 2024-05-02.

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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 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

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