dismissed EB-2 (NIW)

Aeronautical Engineer

Aviation Sector · 2024-07-18

Decision Date
2024-07-18
Location
Florida
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, an aeronautical engineer, proposes to work within the U.S. aviation sector. The endeavor involves engineering tasks intended to impact the field of aeronautics and contribute to the petitioner's employer's operations.

Framework Evaluation

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

The petitioner failed to demonstrate that the specific proposed endeavor has national importance or broader implications for the field.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. The evidence provided regarding the employer's economic impact in Florida was insufficient to show a broader national impact or substantial job creation. No new facts or legal errors were identified in the motions to reopen and reconsider.

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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: 2024-07-18.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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