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

Chief Executive Officer

Information Technology · 2024-04-19

Decision Date

2024-04-19

Location

Colorado

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 establish and operate a U.S. software update company providing software and firmware updates on smartphones, tablets, laptops, and smart home devices, as well as engraving services. The endeavor aims to enhance business operations, improve productivity, and contribute to the resilience of critical sectors against cyber threats through infrastructure maintenance.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has merit but lacks national importance as it benefits only the petitioner's company and clients rather than the field or nation broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the endeavor had merit, the petitioner provided inconsistent descriptions of his field (IT vs. transportation) and failed to provide evidence supporting his projection of hiring 122 employees or demonstrating a broader impact on the U.S. economy or STEM shortages.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for all three prongs. The petitioner responded with a business plan and claims of job creation, but failed to provide objective evidence to support the projections.

RFE Targets

Substantial Merit and National Importanceprong 2prong 3

Evidence

Browse More Cases

More dismissed cases More Information Technology cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-19.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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