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 Management Consulting, Advisory, and Training industry affect EB-2 NIW petition outcomes?

The Management Consulting, Advisory, and Training 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

Management Consulting, Advisory, And Training · 2024-09-19

Decision Date

2024-09-19

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 establish a management consulting, advisory, and training office focusing on law firms and business consulting companies. The endeavor aims to provide workforce development through courses in organizational design, process management, and administrative solutions.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as the petitioner did not demonstrate a significant impact on the field or substantial economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not satisfy the national importance requirement of the first Dhanasar prong. While the business plan projected $2.7 million in revenue and 8 direct jobs, the AAO found these projections lacked probative evidence and failed to show substantial positive economic effects for the U.S. or a specific region.

Evidence

Evidence Types

Business Plan

Third Party Documentation

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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: 2024-09-19.

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At a Glance

Outcome dismissed

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

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