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 (IT) security industry industry affect EB-2 NIW petition outcomes?

The information technology (IT) security industry 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)

Information Security Analyst And Manager

Information Technology (IT) Security Industry · 2024-08-12

Decision Date

2024-08-12

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 intends to continue to work as an information security analyst and manager, providing services such as identifying and reducing security risks, developing and managing cybersecurity systems, and offering training on related topics to various customers.

Framework Evaluation

1 of 3 criteria met

1 The petitioner is well-positioned to advance the proposed endeavor. Met

The Director found the petitioner well-positioned to advance the endeavor, and this finding was not challenged or overturned on appeal.

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

While the endeavor has substantial merit, the petitioner failed to establish its national importance, as there was no specific evidence of broader impact beyond his career and clients.

3 On balance, it would benefit the United States to waive the job offer and labor certification requirements. Not Met

The AAO declined to evaluate this prong, as the failure to meet the first prong was sufficient for the dismissal of the appeal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that his proposed endeavor has national importance under Dhanasar's first prong. The record lacked specific probative evidence demonstrating broader impact beyond his career and clients, such as significant potential to employ U.S. workers, substantial positive economic effects, unique innovative skills adopted by the industry, or detailed projected economic benefits like revenue or employment numbers. The AAO did not reach the third prong of the Dhanasar framework.

Evidence

Evidence Types

Reference Letters Dependent

Original Contributions

Government Alignment

Similar Cases

Information Security Analyst

Information Technology

USCIS EB-2 (NIW) dismissed

2024-11-14

The Petitioner proposes to work as an information security analyst in the United States, providing cybersecurity solutions to help businesses protect digital assets and optimize operations. This includes consulting, auditing, designing, implementing, and operating information security management systems, monitoring security controls, investigating breaches, and ensuring compliance with regulatory frameworks.

Others

Software

USCIS EB-2 (NIW) rfe dismissed

2024-06-20

The petitioner proposes to support public and private companies in various industries as a consultant to promote their development in cybersecurity and information protection. The work involves creating policies, procedures, and response plans for cyber incidents to reduce technological risk.

Chief Executive Officer (CEO)

Information Technology · Brazil

USCIS EB-2 (NIW) dismissed

2025-01-17

The petitioner proposes to come to the United States to work as a CEO for his startup IT consulting company. His company aims to offer consulting services focused on cybersecurity, data privacy, and protection technology. The main goal is to have a high social and economic impact by being a knowledge transfer company, sharing best market practices with the American information security technology community, developing cybersecurity professionals, reducing risk and financial loss for establishments, and extracting the most value in a high demanding IT-cybersecurity professional ecosystem. The petitioner also claims his company will serve to address labor shortages in the cybersecurity and IT fields.

Cybersecurity Analyst

Information Technology

USCIS EB-2 (NIW) rfe dismissed

2024-04-26

The petitioner proposes to operate a cybersecurity consultancy business providing development, consulting, and training services for Critical Infrastructure Control Systems in both the private and public sectors.

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 Information Technology cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-12.

Browse all cases

At a Glance

Outcome dismissed

Criteria Met 1 / 3

Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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