PetitionLens

Objection catalog

Why petitions fail

The reasons officers give most often, grouped by the legal test. Each one links to the Policy Manual text, real examples, and what tends to answer it.

Counting 3,701 decisions: Appeals decided on the merits (sustained, remanded or dismissed) under the current three-prong test, from Dec 27, 2016.

Step 0 · EB-2 eligibility

Prong 1 · Merit & national importance

  • Proposed endeavor too vague

    The endeavor reads like a job title or a list of duties, not specific projects and goals.

    38.4% of decisions
    1,423 raised · 4 sustained · 35 remanded
  • Argued the field's importance, not the endeavor's

    The petition showed that the field matters (health care, AI, education) but not that this specific endeavor does.

    17.3% of decisions
    640 raised · 1 sustained · 7 remanded
  • Benefits limited to an employer or its clients

    The impact described would accrue mainly to one company, its customers, or local clients.

    6.0% of decisions
    221 raised · 1 sustained · 5 remanded
  • No broader implications shown

    The record did not show impact on the wider field, a region, or the public at large.

    49.6% of decisions
    1,834 raised · 4 sustained · 27 remanded
  • Job creation or economic claims unsupported

    Claims of jobs, revenue or economic benefit were speculative or not at a significant scale.

    60.5% of decisions
    2,240 raised · 3 sustained · 50 remanded
  • Relied on a labor shortage

    The petition argued there is a national shortage of workers in the occupation.

    16.0% of decisions
    593 raised · 0 sustained · 8 remanded

Prong 2 · Well positioned

  • Support letters generic or unsupported

    Letters praised the petitioner in general terms without specific contributions or corroboration.

    18.9% of decisions
    700 raised · 4 sustained · 15 remanded
  • Plan or projections not corroborated

    The business plan, research plan or projections were not backed by independent evidence.

    17.7% of decisions
    654 raised · 0 sustained · 12 remanded
  • Past record does not show influence or success

    Publications, projects or roles were documented, but not their influence on the field or record of success.

    20.1% of decisions
    744 raised · 33 sustained · 90 remanded
  • Citation record not persuasive

    Citation counts were low, not put in context, or not tied to influence on the field.

    7.4% of decisions
    273 raised · 5 sustained · 19 remanded
  • No interest from users, customers or investors

    The record did not show that potential users, customers, investors or institutions are interested in the work.

    14.4% of decisions
    532 raised · 4 sustained · 26 remanded
  • Claims not backed by documents

    Statements by the petitioner or counsel were not supported by evidence in the record.

    8.8% of decisions
    324 raised · 0 sustained · 8 remanded

Prong 3 · Balance of factors

  • Did not show the waiver outweighs labor certification

    The petition did not explain why the U.S. benefits from skipping the job offer and labor certification.

    20.9% of decisions
    772 raised · 8 sustained · 86 remanded
  • No urgency shown

    Nothing showed the contributions are time-sensitive enough to skip the labor certification process.

    2.8% of decisions
    104 raised · 4 sustained · 11 remanded
  • Labor certification not shown to be impractical

    The record did not show why the normal job-offer route would not work for this person or endeavor.

    2.2% of decisions
    80 raised · 4 sustained · 6 remanded

Procedure & record

  • Not eligible at the time of filing

    A qualification (degree, publication, role) was obtained after the petition was filed.

    8.3% of decisions
    307 raised · 0 sustained · 20 remanded
  • Tried to change the endeavor after filing

    The endeavor described in the response or appeal differed materially from the one filed.

    6.7% of decisions
    249 raised · 0 sustained · 22 remanded
  • Evidence submitted too late

    Evidence first offered on appeal was not considered because the petitioner had an earlier chance to submit it.

    2.9% of decisions
    108 raised · 0 sustained · 1 remanded
  • Inconsistencies in the record

    Dates, titles, numbers or facts conflicted across documents.

    13.2% of decisions
    489 raised · 0 sustained · 55 remanded

Counts come from automated matching on each decision's analysis section and can include false positives. Open an objection to see the matched sentences.