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dismissed EB-2 (NIW) RFE Issued

Foreign Trade Specialist

Aeronautics · 2024-12-03

Decision Date
2024-12-03
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 as a foreign trade specialist, focusing on commercial strategic planning, international negotiations, and partnerships within the purchasing sector of aeronautics. This includes an "aerochain optimization initiative" to mitigate material shortages, optimize inventory, and improve production schedules for U.S.-based aeronautical companies, and volunteer projects providing strategic planning for NGOs.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well-positioned to advance the proposed endeavor Met

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

2 Proposed endeavor has both substantial merit and national importance Not Met

The Director found the proposed endeavor had substantial merit, but the petitioner failed to establish its national importance, as the impact was limited to a specific organization and its clients, without broader implications or significant economic effects for the nation.

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

The Director determined that analyzing this prong would serve no purpose, as the Petitioner failed to establish national importance under the first prong, making her ineligible for the waiver.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of her proposed endeavor under the first Dhanasar prong. While substantial merit was acknowledged, the evidence did not show how her work would extend beyond a specific company's clientele to broadly impact the industry or offer substantial positive economic effects nationally. The documentation provided, including a support letter and articles, was deemed insufficient to prove national or global implications, or significant job creation, focusing instead on the importance of the industry rather than the specific endeavor's broader impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the petitioner's proposed endeavor. In response, the petitioner submitted a supplement to her plan, detailing intentions for volunteer projects and an "aerochain optimization initiative."

RFE Targets
Proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-12-03.

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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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