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 painting, coating, renovation and construction industry affect EB-2 NIW petition outcomes?

The painting, coating, renovation and construction 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)

Business Owner

Painting, Coating, Renovation And Construction · Brazil · 2023-12-07

Decision Date

2023-12-07

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 continue operating and expanding his limited liability company which provides interior and exterior residential and commercial painting services. The endeavor focuses on providing services in Florida, aiming to create employment, boost investments, and increase tax revenues through business growth.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked national importance as it did not extend beyond the company's clientele to impact the field or economy broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the EB-2 advanced degree requirement, as his two-year technology degree and experience did not equate to a U.S. baccalaureate degree. Additionally, under the Dhanasar framework, he failed Prong 1 because he did not show his specific painting business would have a significant impact on the industry or national economy beyond his local clientele.

Evidence

Evidence Types

Reference Letters Dependent

Government Alignment

Business Plan

Expert Letter

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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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-12-07.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 4

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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