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dismissed EB-2 (NIW) RFE Issued

Manager Within The Field Of Cartography

Cartography · 2024-12-20

Decision Date
2024-12-20
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 develop a geostatistical information system (GIS) for local management and to provide consulting, advisory, and instruction services for developing geographic and statistical information systems at a local scale. The intent is to facilitate decision-making on complex planning problems based on the diagnosis, monitoring, control, and execution of public policies with the support of information technologies (IT).

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director determined that the Petitioner established he was well positioned to advance the proposed endeavor.

2 The proposed endeavor has both substantial merit and national importance Not Met

USCIS found that while the endeavor had substantial merit, the petitioner did not sufficiently demonstrate its national importance, lacking evidence of broader impact or expansion to a national scale.

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. USCIS found insufficient evidence to demonstrate broader impact, such as letters from interested government agencies, or how the endeavor would affect national employment levels or the U.S. economy more broadly. While the Director found the petitioner met the EB-2 classification and was well-positioned (prong 2), the lack of national importance for prong 1 was dispositive.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed endeavor. The petitioner responded with a business plan and arguments, but USCIS found the response insufficient to demonstrate broader impact or national scope.

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

Evidence

Evidence Types
Government Alignment
Business Plan

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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: 2024-12-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

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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