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 welding industry industry affect EB-2 NIW petition outcomes?

The welding industry 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

Welder

Welding Industry · 2024-06-25

Decision Date

2024-06-25

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 for U.S. companies as a skilled welder to contribute to company growth and transfer his welding expertise to other workers to improve their skills. The work focuses on providing specialized welding services and internal training within a corporate environment.

Framework Evaluation

1 of 3 criteria met

1 Well-positioned to Advance Endeavor Met

The Director found that the Petitioner was well-positioned to advance the proposed endeavor.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it lacks broader implications beyond the immediate employer.

3 Waiver of Job Offer/Labor Certification Not Met

The record did not establish that it would be beneficial to the United States to waive the job offer requirement.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. The evidence showed benefits only to specific employers and coworkers rather than broader implications for the field or significant economic impact. Additionally, the Director found the Petitioner did not qualify as an individual of exceptional ability, and the AAO noted credibility issues with a submitted letter.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the endeavor's impact on the welding field more broadly. The petitioner responded with a personal statement titled as a business plan.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

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: 2024-06-25.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 1 / 3

Evidence Types 1

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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