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dismissed EB-2 (NIW) RFE Issued

Electromagnetic Environment Effect Engineer

Aviation Industry · 2024-09-04

Decision Date
2024-09-04
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 in the United States as an electromagnetic environment effect engineer, specializing in research, testing, and developing new technologies, primarily focusing on the aircraft industry. This work involves electromagnetic compatibility (EMC) and electromagnetic interference (EMI) testing, including lightning and high-intensity radiation field (HIRF) testing in avionic systems, to ensure correct functionality and improve safety features of aircrafts.

Framework Evaluation

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

USCIS found that while the proposed endeavor has substantial merit, its national importance was not established as the Petitioner failed to demonstrate broader implications beyond direct employer benefits or significant positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. While the substantial merit of the endeavor was acknowledged, the Petitioner did not demonstrate how their specific work would have broader implications beyond benefiting prospective employers or result in substantial positive economic effects, such as projected employment numbers or revenue growth. The decision noted the Petitioner's involvement in securing a U.S. patent and extensive experience, but these were deemed relevant to the second prong, which was not evaluated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested a more detailed description of the proposed endeavor. The Petitioner responded by specifying their work as an electromagnetic environment effect engineer in the aircraft industry, focusing on research, testing, and new technology development.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Patents
Reference Letters Independent
Reference Letters Dependent
Government Alignment

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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: 2024-09-04.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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