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dismissed EB-2 (NIW) RFE Issued

Systems Engineer

Aviation And Aerospace Industries · 2024-09-25

Decision Date
2024-09-25
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 advance his career as an aerospace professional in control systems design and testing, serving in roles like systems engineer or aerospace software engineer. Later, in response to an RFE, he stated his endeavor was to advance and innovate the U.S. aerospace industry by applying his knowledge as a control system engineer toward research, design, and development of aviation and aerospace technology, intending to continue working for his current U.S. employer in this discipline.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Petitioner did not sufficiently identify a specific proposed endeavor, making it impossible to assess its substantial merit and national importance. The AAO withdrew the Director's initial finding that this prong was met.

2 The individual is well-positioned to advance their proposed endeavor Not Met

Due to the lack of a sufficiently described specific proposed endeavor and a clear plan for future activities, the Petitioner was not found to be well-positioned to advance it.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for a national interest waiver under the Dhanasar framework. The AAO found that the Petitioner did not sufficiently identify a specific proposed endeavor, making it impossible to determine if it had substantial merit and national importance (Prong 1). Consequently, the AAO also found that the Petitioner was not well-positioned to advance an undefined endeavor (Prong 2). The decision highlighted that merely working in an important field or relying on past projects for an L-1 visa does not establish national importance or a clear plan for a future endeavor. The AAO reserved judgment on Prong 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed explanation of the proposed endeavor and how the petitioner planned to execute it, as the Director could not conclude he was well-positioned to advance it. The petitioner responded with an updated professional plan, but it was deemed insufficient by the AAO.

RFE Targets
The individual is well-positioned to advance their proposed endeavor

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Reference Letters Independent

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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: 2024-09-25.

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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

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