How common are approved 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 provider of cable, Internet, and telephone service industry affect EB-2 NIW petition outcomes?

The provider of cable, Internet, and telephone service 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.

sustained EB-2 (NIW) RFE Issued

Vice President

Provider Of Cable, Internet, And Telephone Service · Japan · 2024-04-15

Decision Date

2024-04-15

Location

United States

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 working as a Vice President focusing on creating and overseeing the business development of a free, ad-supported streaming television (FAST) platform and ecosystem. This includes managing contract development and negotiations with over 150 content partners to expand the service's availability and visibility.

Framework Evaluation

3 of 3 criteria met

1 Substantial Merit and National Importance Met

The platform's reach of 20 million users and national industry awards establish national importance.

2 Well Positioned to Advance the Endeavor Met

The beneficiary has been a driving force behind nearly all partnerships and has a decade of experience with the platform.

3 Waiver Benefit Met

The beneficiary's central, non-interchangeable role makes waiving the labor certification beneficial to the U.S.

Why This Petition Was Approved

The appeal was sustained because the petitioner demonstrated the endeavor's national importance through its 20 million active users and the beneficiary's critical role in its growth. The beneficiary holds an MBA and has a decade of success in the field, satisfying all three Dhanasar prongs. The decision noted the beneficiary's O-1 status and the impracticality of labor certification for such a central executive role.

Request for Evidence (RFE)

Successfully Addressed

The Director requested evidence that the beneficiary's specific role, rather than just the company, had national importance. The petitioner provided contracts and executive letters linking the beneficiary's specific actions to the platform's national success.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Awards

Reference Letters Dependent

Original Contributions

Commercial Success

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Frequently Asked Questions

A sustained EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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More sustained cases More Broadcasting cases More cases from Japan

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-15.

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At a Glance

Outcome sustained

RFE Issued

Criteria Met 3 / 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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