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.

dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Supply Chain Industry

Q: How does the logistics area and the supply of goods and services in the industrial and freight transport sector industry affect EB-2 NIW petition outcomes?

The logistics area and the supply of goods and services in the industrial and freight transport 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.

Logistics Area And The Supply Of Goods And Services In The Industrial And Freight Transport Sector · 2024-07-12

Decision Date

2024-07-12

Location

Florida

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 web-based supplier portal for the civil works construction industry in the United States. The platform aims to serve as a connecting hub for small and medium-sized businesses to access legal, financial, and commercial information on suppliers, including price analysis tools and a database for sustainable building materials.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but the petitioner failed to demonstrate its national importance or broad impact on the field.

2 Well Positioned to Advance the Endeavor Not Met

The Director found this prong unmet, and the AAO did not reach a final determination as the first prong was not satisfied.

3 On Balance, Beneficial to Waive Job Offer/Labor Cert Not Met

The Director found this prong unmet, and the AAO declined to address it further.

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. While the petitioner submitted a business plan projecting 38 jobs over five years, the evidence was deemed insufficient to show a broad impact on the industry or substantial economic benefits beyond the immediate clientele.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to address deficiencies in all three Dhanasar prongs. The petitioner responded with a business plan and expert letter, but the evidence was found to be general rather than specific to the endeavor.

RFE Targets

Substantial Merit and National ImportanceWell Positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer/Labor Cert

Evidence

Evidence Types

Media Coverage

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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-12.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 3

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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