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 Instructional Design and Technology industry affect EB-2 NIW petition outcomes?

The Instructional Design and 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

Teaching Assistant And Researcher

Instructional Design And Technology · 2024-06-06

Decision Date

2024-06-06

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 research the effects of technologies in educational settings, specifically focusing on the integration of AR/VR (augmented reality/virtual reality). She plans to build a web-based system utilizing a Learning Resources Rubric to evaluate and enhance the quality of learning materials nationwide.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but the petitioner failed to establish its national importance.

2 Well Positioned to Advance the Endeavor Not Met

The petitioner's record of success, including citations and publications, was not found to be influential enough to satisfy this prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish national importance and was not well-positioned to advance the endeavor. Despite having 131 citations and three journal articles, the evidence did not show broad influence in the field or interest from external stakeholders beyond academic background references.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE challenged all three prongs of the Dhanasar framework; the petitioner responded with updated citation percentiles and a letter regarding research funding.

RFE Targets

Substantial Merit and National ImportanceWell Positioned to Advance the Endeavorprong 3

Evidence

Evidence Types

Peer Reviewed Publications

Citations

Reference Letters Dependent

Government Alignment

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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: 2024-06-06.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 4

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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