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 mortgage field industry affect EB-2 NIW petition outcomes?

The mortgage 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)

Senior Data Scientist

Mortgage Field · 2024-10-22

Decision Date

2024-10-22

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 develop and implement models to identify and effectively engage high-intent users, use data for forecasts, interpret trends and patterns, construct recommendations, and analyze business problems and potential strategies. Specifically, the beneficiary developed a model to determine a customer's likelihood of using mortgage services within four months, aiming to nurture leads and efficiently direct them to loan officers while combating biases in artificial intelligence.

Framework Evaluation

0 of 3 criteria met

1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit but failed to demonstrate national importance, as its impact was not shown to extend beyond the petitioner's company and customers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. USCIS found the work's impact was limited to the petitioner's company and customers, lacking broader implications for the home loan or AI/machine learning fields. Evidence like articles and reports provided background but did not specifically address the beneficiary's work or its national impact, and letters of support lacked sufficient basis for claims of national importance.

Evidence

Evidence Types

Reference Letters Dependent

Media Coverage

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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: 2024-10-22.

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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 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

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