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 Mechanical Engineering industry affect EB-2 NIW petition outcomes?

The Mechanical Engineering 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

Mechanical Engineer And Researcher

Mechanical Engineering · Nigeria · 2024-06-11

Decision Date

2024-06-11

Location

Georgia, USA

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 research the fabrication of Inconel/Aluminum composites and Austenitic Stainless Steel 316L using Direct Metal Laser Sintering and Laser Powder Bed Fusion to optimize alloying composition steels for high-temperature functional applications in aerospace and military industries.

Framework Evaluation

1 of 3 criteria met

1 Substantial Merit and National Importance Met

The research into additive manufacturing for high-strength materials is a critical technology with national implications for defense and aerospace.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not demonstrate that her work has garnered significant interest or success beyond her immediate academic circle or that her publications were influential.

Why This Petition Was Denied

While the petitioner's work in additive manufacturing has national importance, she did not demonstrate she is well-positioned to advance the endeavor. Her evidence of impact was limited to 17 citations of unclear origin, a $25,000 internal university grant, and support letters only from her own academic advisors and colleagues.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more detail on the proposed endeavor and evidence of the petitioner's record of success. The petitioner provided a detailed research plan and letters from professors.

RFE Targets

Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types

Peer Reviewed Publications

Citations

Reference Letters Dependent

Grants

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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-06-11.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 1 / 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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Mechanical Engineer And Researcher

Proposed Endeavor

Framework Evaluation

Why This Petition Was Denied

Request for Evidence (RFE)

Evidence

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