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 International Development / Non-profit industry affect EB-2 NIW petition outcomes?

The International Development / Non-profit 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)

International Developer Worker

International Development / Non-Profit · Honduras · 2024-06-26

Decision Date

2024-06-26

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 lead a nonprofit organization focused on international development, specifically a pilot project involving coffee exportation in Honduras. The endeavor aims to increase agricultural productivity and create jobs in Honduras to address the root causes of migration to the United States.

Framework Evaluation

1 of 3 criteria met

1 Well-positioned to Advance the Endeavor Met

The Petitioner's educational and professional background in Honduras, Germany, and South Korea confirmed she is well-positioned.

2 Substantial Merit and National Importance Not Met

The endeavor's impact was found to be localized to specific landowners in Honduras and did not demonstrate broader implications for the U.S. or the field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Petitioner did not establish that the benefits of her work outweighed the need for a labor certification.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the first prong of the Dhanasar framework, specifically national importance. While she is well-positioned (Prong 2) and holds an advanced degree, the proposed creation of 16 jobs and the replication of existing government initiatives (USAID) did not constitute a substantial national impact.

Evidence

Evidence Types

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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-06-26.

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At a Glance

Outcome dismissed

Criteria Met 1 / 3

Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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