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 speech language pathology industry affect EB-2 NIW petition outcomes?

The speech language pathology 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)

Speech Language Pathologist

Speech Language Pathology · 2023-05-16

Decision Date

2023-05-16

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 intends to engage in clinical-based research in the field of speech language pathology, focusing on implementing effective language acquisition treatments for bilingual children. She aims to research the importance of maintaining a child's home language to improve second language learning and maintain cultural identity.

Framework Evaluation

1 of 3 criteria met

1 Substantial Merit and National Importance Met

The Director found the proposed endeavor to have both substantial merit and national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Petitioner failed to show a record of success or significant influence in the field beyond typical researcher activities.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed the second Dhanasar prong; she did not establish she was well-positioned to advance the endeavor. The record lacked a significant citation record, and her involvement in funded research was not in a leading or significant role. Expert letters were deemed conclusory or focused on her value as an employee rather than her influence on the field.

Evidence

Evidence Types

Peer Reviewed Publications

Conference Presentations

Grants

Reference Letters Dependent

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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: 2023-05-16.

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At a Glance

Outcome dismissed

Criteria Met 1 / 3

Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813

Success Rate 53.7%

Sustained 2,046

Dismissed 1,671

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