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 supply chain management industry affect EB-2 NIW petition outcomes?

The supply chain management 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)

Supply Chain Specialist

Supply Chain Management · 2024-08-14

Decision Date

2024-08-14

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 work in the supply chain industry in the United States. However, the specific details of the proposed endeavor, its methodologies, and its intended impact were not sufficiently elaborated in the petition.

Framework Evaluation

0 of 3 criteria met

1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner did not sufficiently establish that the proposed endeavor would have substantial merit and national importance, failing to detail the endeavor beyond working in the supply chain industry or explain its national influence.

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

While the petitioner possesses in-depth technical knowledge and distinguished skills in supply chain management, this was not deemed sufficient to meet the overall requirements for the waiver, especially given the lack of detail on the endeavor's national importance.

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

The Director concluded that a waiver of the required job offer and labor certification would not be in the national interest, a finding upheld by the AAO.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The AAO found that the petitioner did not sufficiently establish the national importance of the endeavor (Prong 1) and did not detail the proposed endeavor beyond general industry work. The Director had initially denied the petition, concluding that a waiver of the job offer would not be in the national interest (Prong 3).

Evidence

Evidence Types

Reference Letters Dependent

Original Contributions

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Others

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Entrepreneur

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Chief Executive Officer (CEO)

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The petitioner proposes to establish and run a company in Florida providing specialized logistics and supply chain management consultancy services, specifically focusing on road transport. The goal is to optimize the movement and storage of materials and goods for U.S. businesses to improve overall performance and flow from origin to consumption.

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: 2024-08-14.

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At a Glance

Outcome dismissed

Criteria Met 0 / 3

Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

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