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 Music education and software technology industry affect EB-2 NIW petition outcomes?

The Music education and software technology 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

Musician And Software Engineer

Music Education And Software Technology · 2024-05-21

Decision Date

2024-05-21

Location

Florida

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 create a specialized software ecosystem for music education, specifically targeting children and young talent. The platform intends to use artificial intelligence and augmented reality to complement standard classroom systems and support professional musicians in developing new skills.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not show potential for broad societal impact or significant job creation.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to demonstrate progress toward the endeavor at the time of filing, as the business plan and company formation occurred post-filing.

3 On Balance, Beneficial to Waive Job Offer Not Met

The record did not establish that the benefits of the waiver outweigh the protections of the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet any of the three Dhanasar prongs. The endeavor lacked national importance, the petitioner was not well-positioned due to a lack of progress at the time of filing, and the balance of interests did not favor a waiver.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to clarify the national importance and positioning; the petitioner responded with a new business plan and company incorporation, which changed the scope of the original endeavor.

RFE Targets

Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

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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: 2024-05-21.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

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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