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 insurance field industry affect EB-2 NIW petition outcomes?

The insurance field 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)

Insurance Sales Agent And Entrepreneur

Insurance Field · 2024-08-23

Decision Date

2024-08-23

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 insurance sales agent and operate his own business, providing personalized insurance advice and products.

Framework Evaluation

0 of 3 criteria met

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

USCIS found that the proposed endeavor has substantial merit but failed to establish national importance due to a lack of evidence demonstrating significant potential to employ U.S. workers or broader economic/societal impact beyond the petitioner's company.

2 The petitioner is well-positioned to advance the proposed endeavor. Not Met

The AAO declined to reach a finding on this prong, stating that the denial of Prong 1 was dispositive. The Director's initial finding that the petitioner was not well-positioned was not explicitly overturned.

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

The AAO declined to reach a finding on this prong, stating that the denial of Prong 1 was dispositive. The Director's initial finding that waiving the job offer would not benefit the U.S. was not explicitly overturned.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under Dhanasar's first prong. The business plan's staffing projections (initially 5, growing to 9 employees by year five) lacked evidence-based justifications and were deemed insufficient to demonstrate 'significant potential to employ U.S. workers.' Projected revenue of over $3.7 million by year five also lacked corroborating evidence. The Petitioner's claims of broader economic impact, innovative business models, and benefits to impoverished communities were unsupported by specific, probative evidence.

Evidence

Evidence Types

Reference Letters Dependent

Commercial Success

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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: 2024-08-23.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 2

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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