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 prosthetics industry industry affect EB-2 NIW petition outcomes?

The prosthetics industry 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)

Bioengineer, Prosthetics Researcher, And Entrepreneur

Prosthetics Industry · Venezuela · 2024-08-22

Decision Date

2024-08-22

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 intends to work as a bioengineer and operate her own company that engages in sustainable prosthetics research and development in designing innovative devices that enhance mobility and sensory functions for individuals with limb loss or sensory impairments. She proposes to lead this company by utilizing her expertise on the latest technologies.

Framework Evaluation

0 of 3 criteria met

1 The proposed endeavor has both substantial merit and national importance. Not Met

The Petitioner's proposed endeavor was found to have substantial merit but lacked evidence of national importance, as her evidence focused on her experience and skills rather than the broader impact of her specific work on the industry or U.S. economy, and did not show significant job creation or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the EB-2 classification, lacking proof of an advanced degree or exceptional ability. Specifically, her Venezuelan degrees were not shown to be equivalent to a U.S. bachelor's degree, and she did not meet at least three of the six exceptional ability criteria (e.g., 10 years experience, professional associations, recognition, high salary). Furthermore, she did not satisfy Dhanasar's first prong, failing to demonstrate the national importance of her proposed endeavor beyond her business and potential customers, with no evidence of broader industry impact, significant job creation, or substantiated positive economic effects.

Evidence

Evidence Types

Reference Letters Dependent

Commercial Success

High Salary

Original Contributions

Professional Memberships

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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: 2024-08-22.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814

Success Rate 53.6%

Sustained 2,046

Dismissed 1,672

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