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 ophthalmology industry affect EB-2 NIW petition outcomes?

The ophthalmology 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

Ophthalmologist

Ophthalmology · 2024-07-30

Decision Date

2024-07-30

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 an ophthalmologist providing clinical medical care and performing specialized surgeries such as SMILE, FemtoLasik, and glaucoma treatments. He also intends to participate in clinical trials and provide hospitals with strategic planning and information technology management services.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked national importance.

2 Well-positioned to Advance the Endeavor Not Met

The AAO reserved determination on this prong.

3 On Balance, Beneficial to Waive Job Offer Not Met

The AAO reserved determination on this prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not demonstrate the national importance of his endeavor. His work was found to be primarily beneficial to his specific patients and employers. There was no evidence that his publications were widely cited or that he developed the techniques he used, and his role in addressing healthcare shortages was deemed a general benefit rather than a specific impact of his proposed endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the Dhanasar prongs; the petitioner provided a revised professional plan and expert testimonials which the Director found insufficient for national importance.

RFE Targets

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

Evidence

Evidence Types

Peer Reviewed Publications

Reference Letters Dependent

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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: 2024-07-30.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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