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 private security specialist industry affect EB-2 NIW petition outcomes?

The private security specialist 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

Private Security Specialist

Private Security Specialist · 2023-04-18

Decision Date

2023-04-18

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 security personnel consultant for schools or as a trainer of security personnel. The work involves creating, implementing, and monitoring emergency preparedness programs to mitigate threats of domestic terrorist attacks in schools.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit regarding school safety, but lacks national importance as it does not scale to a level that impacts the industry or nation broadly.

Why This Petition Was Denied

The petitioner failed to meet the threshold EB-2 classification, satisfying only one of the six criteria (ten years of experience) instead of the required three. Additionally, the proposed endeavor lacked national importance because it did not demonstrate a broad impact on the field or significant economic benefits such as job creation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for more detail on the specific endeavor; the petitioner clarified his role in school security and emergency preparedness.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

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: 2023-04-18.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 1

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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