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 risk management auditing industry affect EB-2 NIW petition outcomes?

The risk management auditing 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)

Retired Police Colonel And Risk Management Auditor

Risk Management Auditing · 2024-12-06

Decision Date

2024-12-06

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 provide risk management auditing services, specifically within the Business Alliance for Secure Commerce (BASC) framework, focusing on the coordination of supply chains and the implementation of security standards. The endeavor aims to enhance security in the supply chain.

Framework Evaluation

0 of 3 criteria met

1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner's endeavor did not establish national importance, as the record lacked evidence of significant economic contributions or important advancements in risk management auditing standards.

2 Petitioner is well-positioned to advance the endeavor Not Met

Although the petitioner's services in BASC had substantial merit, the benefits of these services did not extend beyond his individual clientele to a national level.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The overall dismissal of the motions indicates that, on balance, the petitioner did not demonstrate that waiving the job offer and labor certification would be in the national interest.

Why This Petition Was Denied

The motions to reopen and reconsider were dismissed because the petitioner failed to establish new facts or demonstrate that the prior decision was based on an incorrect application of law or policy. USCIS found the endeavor lacked national importance, as it did not show significant economic contributions or advancements in risk management auditing standards, nor did its benefits extend beyond individual clientele. The submitted articles discussed the industry generally but did not detail the specific impact of the petitioner's proposed work.

Similar Cases

Analyst

Financial Services

USCIS EB-2 (NIW) rfe dismissed

2024-11-18

The petitioner proposes to develop market risk models and engage in market risk analytics to quantify market risks and safeguard assets in a regulatory framework. He plans to utilize his experience in analytical modeling to develop and enhance risk management models, presenting his findings in publications, conferences, and technical documentation within global financial institutions.

Consultant

Consulting

USCIS EB-2 (NIW) rfe dismissed

2024-07-17

The petitioner proposes to provide consulting and advisory services to public and private entities regarding money laundering and drug trafficking. He intends to train teams to implement Business Alliance for Secure Commerce (BASC) standards to address illicit financing of transnational crime and fortify supply chain security.

Chief Executive Officer (CEO)

Financial Services

USCIS EB-2 (NIW) dismissed

New York 2025-03-28

The Petitioner proposes to establish and serve as CEO of a New York-based consultancy offering risk management and internal auditing services aimed at small and medium-sized businesses. The services aim to help companies navigate financial risks, improve compliance with regulatory standards, and ensure financial stability.

Business Consultant

Consulting

USCIS EB-2 (NIW) dismissed

United States 2024-04-30

The petitioner intends to operate a consultancy company providing fraud and loss prevention services to small- and medium-sized businesses in the United States. The endeavor focuses on implementing and upgrading internal safety systems to reduce financial, regulatory, and image-related risks.

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

More dismissed cases More Consulting cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-06.

Browse all cases

At a Glance

Outcome dismissed

Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895

Success Rate 54.2%

Sustained 2,112

Dismissed 1,687

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist