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dismissed EB-2 (NIW) RFE Issued

Mechanical Engineer

Automotive Industry · 2024-07-05

Decision Date
2024-07-05
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 initially proposed to continue his work as a mechanical engineer and manager for a plastics company, focusing on the optimization of production processes for automotive products. In response to an RFE, he changed his endeavor to establishing a consulting company to provide quality engineering services to U.S. automotive vehicle manufacturers and suppliers.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked national importance because the Petitioner did not demonstrate a significant prospective impact on the industry at large.

2 Well-positioned to Advance the Endeavor Not Met

The Petitioner did not establish he was well-positioned to operate as an entrepreneur or CEO of his own consultancy.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Petitioner failed to establish that waiving the labor certification requirement would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner made a material change to his proposed endeavor in response to the RFE, transitioning from an employee to an entrepreneur. Furthermore, he failed to establish the national importance of his endeavor, providing no business plan, revenue projections, or specific evidence of a significant prospective impact on the automotive industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more detail on all three Dhanasar prongs. The Petitioner responded by changing his endeavor from an employee role to starting a new consulting firm.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Conference Presentations
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: 2024-07-05.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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