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 distributor of used clothing industry affect EB-2 NIW petition outcomes?

The distributor of used clothing 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)

Management Analyst

Distributor Of Used Clothing · Pakistan · 2022-01-27

Decision Date

2022-01-27

Location

United States

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 Beneficiary is intended to be employed as a management analyst for a distributor of used clothing. The role involves analyzing business operations and management processes to improve efficiency within the company's distribution framework.

Why This Petition Was Denied

The petitioner failed to prove the beneficiary had 60 months of qualifying experience, with the AAO crediting only 14 months after finding discrepancies in FEIN numbers and part-time work history. Furthermore, the labor certification's 'Part H.14' language allowed for a combination of degrees, which violates the requirement that an advanced degree equivalent must be a single foreign degree. The appeal and motions were dismissed because the position did not strictly require an advanced degree professional as defined by 8 C.F.R. § 204.5(k)(2).

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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-01-27.

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At a Glance

Outcome dismissed

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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