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 sector industry affect EB-2 NIW petition outcomes?

The insurance sector 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

CEO And Director Of Analytics

Insurance Sector · 2024-05-10

Decision Date

2024-05-10

Location

United States

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 serve as CEO and Director of Analytics for her own consulting firm, leading digital transformational processes for insurance companies and brokers. She aims to use data analytics and automated tools to modernize processes, increase productivity, and help small to medium-sized enterprises optimize business opportunities.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to the value of data analytics in insurance, but lacks national importance as it does not impact the field more broadly.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner was not well-positioned, and the AAO did not overturn this finding.

3 Waiver of Job Offer and Labor Certification Not Met

The Director found that on balance the waiver was not justified, and the AAO reserved opinion.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. Although the work had substantial merit, there was no evidence of prospective impact beyond her specific clients, such as the introduction of novel methodologies or significant job creation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence to satisfy all three Dhanasar prongs. The petitioner provided industry articles and summaries of prior experience, but failed to demonstrate the specific endeavor's national importance.

RFE Targets

Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorWaiver of Job Offer and Labor Certification

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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: 2024-05-10.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

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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