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 transportation engineering industry affect EB-2 NIW petition outcomes?

The transportation engineering 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

Transportation Engineer

Transportation Engineering · Brazil · 2022-11-02

Decision Date

2022-11-02

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 with an American traffic engineering firm to develop strategic partnerships and provide guidance on large-scale construction and transportation engineering projects. The work aims to improve traffic flow, efficiency, and safety while training newer generations of engineers and generating tax revenue.

Framework Evaluation

1 of 3 criteria met

1 Well Positioned to Advance the Endeavor Met

The Director initially found the petitioner well positioned, though the AAO expressed concerns regarding his recent employment history.

2 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked evidence of national importance or broad economic impact.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner failed to demonstrate that the benefits of his work outweighed the requirement for labor certification.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific endeavor (Prong 1) and did not meet the threshold for the underlying EB-2 classification. Specifically, he lacked the required five years of post-baccalaureate experience for an advanced degree professional and did not demonstrate expertise significantly above that ordinarily encountered for exceptional ability.

Request for Evidence (RFE)

Unsuccessfully Addressed

The USCIS issued a NOID questioning the specific nature of the endeavor and the petitioner's qualifications; the petitioner provided a new resume and local infrastructure statistics.

RFE Targets

Substantial Merit and National ImportanceWell Positioned to Advance the Endeavor

Evidence

Evidence Types

Reference Letters Dependent

Government Alignment

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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: 2022-11-02.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 1 / 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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