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 Interpreting and translation services industry affect EB-2 NIW petition outcomes?

The Interpreting and translation services 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

Interpreter And Translator

Interpreting And Translation Services · 2024-07-11

Decision Date

2024-07-11

Location

Massachusetts

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 create a company providing interpreting and translation services in English, Spanish, and Portuguese. The services would target hospitals, clinics, insurance brokers, law offices, schools, and universities, focusing on business-to-business transactions.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or broader impact beyond the immediate clientele.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. USCIS found that the projected employment of 3-5 people and revenue of $58,080 to $116,160 did not demonstrate a significant economic impact or broader implications for the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE to address the national importance of the endeavor. The petitioner submitted a business plan and support letters, but these were found insufficient to show broader impact.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Reference Letters Dependent

Business Plan

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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: 2024-07-11.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 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

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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