dismissed EB-2 (NIW) RFE Issued

Architect

Architecture · 2024-04-24

Decision Date
2024-04-24
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 continue her career as an architect, focusing on large-scale industrial, commercial, infrastructure, and residential projects. She intends to incorporate sustainable architecture techniques and 'green' building methods, as well as offer related trainings.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as the impact is limited to the Petitioner's clients and does not demonstrate a broader impact on the field or significant economic effect.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish that her specific endeavor has national importance. The record focused on the importance of the field of sustainable architecture generally rather than the Petitioner's specific impact. Claims of 'revolutionizing the industry' were unsupported by objective evidence, and claims of creating 13 jobs were found to be conclusory and lacked an evidentiary basis in the professional plans.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance. The Petitioner's response included an updated professional plan, but it failed to provide an evidentiary basis for job creation or demonstrate how her work would impact the field beyond her direct clients.

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: 2024-04-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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