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 Technology industry affect EB-2 NIW petition outcomes?

The Information Technology 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

Computer Systems Analyst

Information Technology · Brazil · 2024-10-29

Decision Date

2024-10-29

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 in the United States as a computer systems analyst for $99,270 per year. Previously, the petitioner worked abroad as an information technology consultant, leading critical systems implementation projects for multinational companies in Brazil.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, the Petitioner did not sufficiently demonstrate commanding a salary indicative of exceptional ability (8 C.F.R. § 204.5(k)(3)(ii)(D)) due to inconsistent profession assertions and unclear income sources (exempt income/profits/dividends vs. salary). Evidence for membership in professional associations (8 C.F.R. § 204.5(k)(3)(ii)(E)) was not considered as it was submitted for the first time on appeal. Letters of support did not adequately demonstrate recognition for achievements and significant contributions to the field (8 C.F.R. § 204.5(k)(3)(ii)(F)), as they primarily highlighted general skills rather than specific, documented contributions. The Director initially found the petitioner met one criterion (academic record, 8 C.F.R. § 204.5(k)(3)(ii)(A)), but the AAO affirmed that the petitioner did not meet the required three criteria.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the petitioner's salary demonstrating exceptional ability. The petitioner responded with additional accountant letters and tax documentation, but these were deemed insufficient due to inconsistencies in stated profession and unclear income sources (exempt income/profits/dividends vs. salary).

Evidence

Evidence Types

Reference Letters Dependent

High Salary

Professional Memberships

Original Contributions

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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: 2024-10-29.

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At a Glance

Outcome dismissed

RFE Issued

Evidence Types 4

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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