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 open a "Consulting, Advising, and Solutions Company in Automative Mechanical Engineering" to serve the business-to-business (B2B) market at a national level. This endeavor aims to provide services to factories, vehicle assemblers, car rental agencies, auto part companies, vehicle dealers, and vehicle insurers.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The petitioner demonstrated substantial merit but failed to establish national importance, as the endeavor's impact was not shown to extend sufficiently beyond his business's clientele or offer substantial positive economic effects.
2The individual is well-positioned to advance their proposed endeavorNot Met
USCIS reserved its decision on this prong, as the failure to meet the first prong was determinative.
3On balance, waiving the job offer requirement would benefit the United StatesNot Met
USCIS reserved its decision on this prong, as the failure to meet the first prong was determinative.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically regarding the national importance of his proposed endeavor. USCIS found that the endeavor's potential impact did not sufficiently extend beyond his business's clientele to affect the broader automotive industry or offer substantial positive economic effects, such as significant job creation or tax revenue. The decision reserved judgment on the second and third prongs.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested additional evidence to establish eligibility for EB-2 classification and a national interest waiver, specifically addressing the Dhanasar prongs. The petitioner responded with a cover letter, an expert opinion letter, a business plan, and previously submitted evidence, but the response was deemed insufficient to meet the requirements.
RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States
The petitioner proposes to provide comprehensive engineering services, including engineering management, mechanical manufacturing, automation, programming, assembly, and installation, primarily to clients in the automotive industry. The endeavor aims to infuse the community with groundbreaking products and services leveraging cutting-edge technology.
The petitioner proposes an endeavor as an engineering project manager and entrepreneur. This endeavor involves a business plan with staffing and revenue projections, aiming to contribute to the U.S. economy.
The petitioner proposes to work as a mechanical engineer in the automotive industry, focusing on improving operations, productivity, and profitability through process management, frame/stamping projects, painting/final assembly, product development, and quality control.
The petitioner proposes to create a mechanical and electrical maintenance services company focusing on equipment such as fillers, tanks, sealers, and packaging machines for mass consumption companies. The endeavor also includes remodeling commercial premises, offices, and apartments, as well as electrical installations.
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.
