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 radiological protection management solutions industry affect EB-2 NIW petition outcomes?

The radiological protection management solutions 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

General And Operations Manager

Radiological Protection Management Solutions · Brazil · 2024-10-07

Decision Date

2024-10-07

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 establish and serve as a general and operations manager for a business focused on radiological protection management solutions. This company plans to provide consulting, advising, and training through both in-person and digital platforms.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet at least three of the six exceptional ability criteria required for EB-2 classification. The petitioner only met one criterion (Official Academic Record for a technician in medical radiology degree from Brazil). The AAO found the petitioner did not demonstrate 10 years of full-time experience in the proposed occupation (general and operations manager), a license to practice a profession (as defined by EB-2 regulations requiring a bachelor's degree), a salary demonstrating exceptional ability, or membership in professional associations (as defined by EB-2 regulations).

Request for Evidence (RFE)

Unsuccessfully Addressed

An RFE was issued regarding the 'Salary or Other Remuneration' criterion for EB-2 exceptional ability. The Director found the Petitioner had not submitted any new evidence in response to the RFE to establish a salary demonstrating exceptional ability, specifically lacking independent objective comparable evidence for radiology technicians in the relevant geographical location. The AAO concurred that the petitioner did not meet this criterion.

RFE Targets

eb2 qualification

Evidence

Evidence Types

Official Academic Record

Ten Years Experience

License Or Certification

High Salary

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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-07.

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At a Glance

Outcome dismissed

RFE Issued

Evidence Types 5

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 EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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