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 science industry affect EB-2 NIW petition outcomes?

The medical science 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

Medical Scientist, Postdoctoral Researcher

Medical Science · 2024-11-25

Decision Date

2024-11-25

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 investigate the mechanisms underlying autoimmune and inflammatory diseases to identify novel therapeutic targets and develop treatments for conditions such as multiple sclerosis and Alzheimer's disease. He intends to continue to publish and present research to contribute to this field.

Framework Evaluation

0 of 3 criteria met

1 Proposed endeavor has both substantial merit and national importance Not Met

The Administrative Appeals Office declined to reach and reserved its opinion regarding the petitioner's eligibility under the first Dhanasar prong, although the Director had concluded it was met.

2 Individual is well-positioned to advance the proposed endeavor Not Met

The Administrative Appeals Office agreed with the Director that the Petitioner did not establish he is well-positioned to advance the proposed endeavor, citing a lack of independent funding, lead investigator roles, and concrete interest in his specific proposed endeavor.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Administrative Appeals Office declined to reach and reserved its opinion regarding the petitioner's eligibility under the third Dhanasar prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate eligibility under the second prong of the Dhanasar framework. USCIS found that despite a Ph.D. in medical science and a strong citation record, the petitioner did not show sufficient evidence of being a principal investigator, securing independent funding, or generating concrete interest in his specific proposed endeavor. The AAO reserved opinion on prongs one and three.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE, and in response, the Petitioner stated he had begun contributing to research related to infectious diseases and their vaccines, which was deemed not sufficiently related to his proposed endeavor of researching autoimmune and inflammatory diseases. The RFE response did not sufficiently demonstrate the petitioner's model or plan for future activities or progress toward achieving the proposed endeavor.

RFE Targets

Individual is well-positioned to advance the proposed endeavor

Evidence

Evidence Types

Peer Reviewed Publications

Citations

Reference Letters Dependent

Grants

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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: 2024-11-25.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 4

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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