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 Military Field

Q: How does the military field; guns, ammunition, parts, personal protective equipment, firefight equipment, and accessories market industry affect EB-2 NIW petition outcomes?

The military field; guns, ammunition, parts, personal protective equipment, firefight equipment, and accessories market 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.

Military Field; Guns, Ammunition, Parts, Personal Protective Equipment, Firefight Equipment, And Accessories Market · Brazil · 2024-05-24

Decision Date

2024-05-24

Location

United States

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 direct his own company operating in the market for guns, ammunition, personal protective equipment, and firefighting accessories. The endeavor involves providing sales consulting services to Brazilian military and civil entities and U.S. gun manufacturing companies to facilitate the export of U.S.-made products to Brazil.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 advanced degree classification; his 'titulo de bacharel' from Brazil was found to be equivalent to only three years of U.S. university study. Although he had over 23 years of experience, he did not possess the required U.S. bachelor's degree or foreign equivalent followed by five years of progressive experience. The AAO reserved judgment on the Dhanasar prongs since the underlying visa category requirements were not satisfied.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the petitioner's educational qualifications for the EB-2 category, specifically questioning the four-year equivalency of his degree. The petitioner responded with transcripts and evaluations, but failed to prove the degree required four years of study or that prior credits were officially transferred.

RFE Targets

eb2 qualification

Evidence

Evidence Types

Reference Letters Dependent

Original Contributions

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Others

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The petitioner's proposed endeavor involves pursuing a career with the military, specifically in an Information role, with a clear path to the Officer Route. He claims his expertise has benefited various organizations and his work has been used by others without proper credit.

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The AAO dismissed the motions because the petitioner failed to establish eligibility for EB-2 classification. Specifically, the petitioner did not demonstrate that her two foreign diplomas, each requiring less than four years of study, were equivalent to a U.S. bachelor's degree. The submitted evaluation did not adequately explain this equivalency, nor did it clearly establish that the petitioner's seven years of work experience were 'post-baccalaureate' as claimed, thus failing to meet the advanced degree or its equivalent requirement for EB-2.

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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: 2024-05-24.

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At a Glance

Outcome dismissed

RFE Issued

Evidence Types 2

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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