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dismissed EB-2 (NIW) RFE Issued

Civil Engineer And Construction Manager

Civil Engineer And Construction Manager · Pakistan · 2024-10-23

Decision Date
2024-10-23
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 intends to continue to work as a civil engineer and construction manager in the United States. He plans to develop and implement innovative technologies and construction methods, including in disaster-resilient and durable infrastructure fields, and use new materials he claims will enhance efficiency and reduce construction waste in an environmentally safe and sustainable manner.

Framework Evaluation

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

The AAO acknowledged the proposed endeavor had substantial merit but found no evidence of national importance. The petitioner failed to demonstrate significant potential to employ U.S. workers, substantial positive economic impact, or broad industry impact beyond a single employer/client.

2 The petitioner is well positioned to advance the proposed endeavor. Not Met

The Director determined that the evidence did not satisfy Dhanasar's second prong. The AAO did not address this determination as the failure of the first prong was dispositive.

3 On balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. Not Met

The Director determined that the evidence did not satisfy Dhanasar's third prong. The AAO did not address this determination as the failure of the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that the proposed endeavor had national importance under Dhanasar's first prong. The record lacked specific, probative evidence demonstrating that the work would have significant potential to employ U.S. workers, substantial positive economic impact, or broadly impact the industry beyond the petitioner's potential employer and clients. The evidence presented, including academic credentials, past experience in Pakistan, personal statements, and general industry information, focused on the petitioner's skills and the importance of the profession rather than the specific national importance of the proposed endeavor itself. The AAO did not address the second and third Dhanasar prongs as the failure to meet the first prong was dispositive.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the lack of evidence for the national importance of the proposed endeavor. The petitioner responded by submitting additional recommendation and 'appreciation' letters and documents related to past experience in Pakistan, but these were deemed insufficient to address the national importance criterion.

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

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-10-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Pakistan All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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