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 real estate industry, and digital marketing and healthcare industries industry affect EB-2 NIW petition outcomes?

The real estate industry, and digital marketing and healthcare industries 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 Director

Real Estate Industry, And Digital Marketing And Healthcare Industries · Brazil · 2024-09-16

Decision Date

2024-09-16

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's proposed endeavor involves championing financial and economic welfare through the development of ambitious business ventures aimed at improving citizens' access to healthcare and housing. This includes extending existing ventures and expanding mobile applications utilized in Latin America to the U.S. market.

Framework Evaluation

1 of 3 criteria met

1 The individual is well-positioned to advance their proposed endeavor Met

The petitioner was found to be well-positioned to advance the proposed endeavor based on his experience as a business director in Brazil.

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

The proposed endeavor was found to have substantial merit but failed to establish national importance due to a lack of demonstrated broader implications or significant national economic impact.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The petitioner did not establish that, on balance, waiving the job offer and labor certification requirements would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that his proposed endeavor had national importance under the first prong of the Dhanasar framework. USCIS found that while the endeavor had substantial merit, the petitioner did not demonstrate that it would have broader implications for the fields of business development and real estate, or significant potential to employ U.S. workers or have substantial positive economic effects at a national level. The projected 38 jobs and over $5 million in taxes over five years were deemed insufficient to establish national importance, and the business plan lacked sufficient explanation for these projections.

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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: 2024-09-16.

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At a Glance

Outcome dismissed

Criteria Met 1 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

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

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