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 securities company industry affect EB-2 NIW petition outcomes?

The securities company 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

Security And Counterintelligence Analyst And Forensic Science Expert

Securities Company · 2024-07-17

Decision Date

2024-07-17

Location

New York

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 direct a securities company based in New York that provides digital forensic and cybersecurity consulting services to businesses in the United States. The work focuses on security, counterintelligence analysis, and forensic science expertise.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish EB-2 eligibility. Her foreign education was found equivalent only to a U.S. associate's degree (or an unsubstantiated bachelor's), and she failed to prove the required 10 years of experience for exceptional ability, showing at most 8 years of service.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the Petitioner as an advanced degree professional or individual of exceptional ability. The Petitioner responded with a business plan and letters, but failed to resolve the inconsistencies regarding her years of experience.

RFE Targets

eb2 qualification

Evidence

Evidence Types

Awards

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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: 2024-07-17.

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At a Glance

Outcome dismissed

RFE Issued

Evidence Types 1

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

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