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 offshore construction projects mainly linked to offshore wind farms industry affect EB-2 NIW petition outcomes?

The offshore construction projects mainly linked to offshore wind farms 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 Mechanical Engineer Or Vessel Operations Manager

Offshore Construction Projects Mainly Linked To Offshore Wind Farms · 2024-06-05

Decision Date

2024-06-05

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 a Senior Mechanical Engineer or Vessel Operations Manager for offshore construction projects specifically linked to offshore wind farms, supporting development and operation to promote technological integration and sustainability.

Framework Evaluation

1 of 3 criteria met

1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on his qualifications and prior experience.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it does not demonstrate broader implications or significant economic impact.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that waiving the job offer requirement would be beneficial to the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his specific endeavor. The evidence focused on the importance of the industry and the petitioner's qualifications rather than the prospective impact or broader implications of his specific proposed work. The record did not show significant potential for job creation or substantial positive economic effects attributable to the petitioner's individual contributions.

Evidence

Evidence Types

Curriculum Vitae

Industry Reports

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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: 2024-06-05.

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At a Glance

Outcome dismissed

Criteria Met 1 / 3

Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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