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 language testing and assessment field industry affect EB-2 NIW petition outcomes?

The language testing and assessment 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) RFE Issued

Language Testing Researcher And Machine Learning Engineer

Language Testing And Assessment Field · 2025-02-05

Decision Date

2025-02-05

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 design and evaluate computer-mediated tests to assess language abilities, continuing his research on implementing artificial intelligence (AI) in language ability testing at his current company. He also intends to publish the results of his work in peer-reviewed publications and conference presentations.

Framework Evaluation

0 of 3 criteria met

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as its impact was primarily limited to the employing company's specific clientele rather than having broader national or global implications.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The petitioner was not found to be well-positioned to advance the endeavor, as evidence of his education, publications, and peer review activities did not sufficiently demonstrate a record of success, widespread impact, or significant interest from relevant parties in the field.

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

USCIS declined to make a finding on this prong, stating that the failure to meet Prongs 1 and 2 was dispositive of the appeal, thus reserving appellate arguments on this issue.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that his proposed endeavor was nationally important (Prong 1) and that he was well-positioned to advance it (Prong 2) under the Dhanasar framework. While the endeavor had substantial merit, its impact was deemed limited to the company's interests. Evidence of the petitioner's education (master's degree in English language teaching, doctoral candidacy in applied linguistics and technology), publications, and peer review activities was acknowledged, but it did not sufficiently demonstrate a record of success, widespread impact, or significant interest from relevant parties to satisfy Prong 2. The decision did not reach Prong 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the proposed endeavor, to which the petitioner responded by stating his research on implementing AI in language ability testing. However, the response did not sufficiently demonstrate how this endeavor would have a national or global impact beyond his company's interests.

RFE Targets

The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types

Peer Reviewed Publications

Conference Presentations

Reference Letters Dependent

Original Contributions

Citations

Judging Experience

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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: 2025-02-05.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 6

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

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