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 medical field industry affect EB-2 NIW petition outcomes?

The medical 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

General Internal Medicine Physician

Medical Field · 2024-06-24

Decision Date

2024-06-24

Location

Kansas

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 work as an intensive care physician in American ICUs, specifically in medically underserved areas of Kansas. His work involves clinical duties such as patient rounds, medical procedures, leading multidisciplinary teams, and promoting organ donation and end-of-life care.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance because its impact is localized to individual patient care.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed the first Dhanasar prong; specifically, he did not demonstrate the national importance of his endeavor. The USCIS found that clinical work involving individual patient care at a specific location does not sufficiently impact the field of ICU medicine more broadly, and a shortage of professionals alone does not establish national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the proposed endeavor; the petitioner responded by elaborating on his specific clinical activities and the physician shortage in Kansas.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

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: 2024-06-24.

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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 3,815

Success Rate 53.6%

Sustained 2,046

Dismissed 1,673

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

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