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 trade field industry affect EB-2 NIW petition outcomes?

The international trade 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)

Entrepreneur In The International Trade Field

International Trade Field · Brazil · 2023-09-28

Decision Date

2023-09-28

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 expand his U.S. consulting business to help small and medium-sized businesses 'go global' by connecting cargo owners to carriers and establishing trade networks. The endeavor also aims to support the sustainability mobility sector by assisting clients who distribute electric bicycles and vehicles.

Framework Evaluation

1 of 3 criteria met

1 Well-positioned to Advance the Endeavor Met

The Director found the Petitioner well-positioned to advance the undertaking.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to potential economic impact, but lacks national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The AAO reserved this argument as the first prong was not fully satisfied.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor, as his projected revenue of $2.3 million and 17 jobs were not shown to be nationally significant. Additionally, the AAO found the petitioner failed to establish 'exceptional ability' because his academic records were incomplete, his experience letters lacked independent credibility, and his income history was inconsistent.

Evidence

Evidence Types

Reference Letters Dependent

High Salary

Professional Memberships

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

More dismissed cases More Consulting cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-09-28.

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At a Glance

Outcome dismissed

Criteria Met 1 / 3

Evidence Types 4

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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