dismissed EB-2 (NIW) RFE Issued

Civil Engineer

Civil Engineering And Construction · Brazil · 2024-03-19

Decision Date
2024-03-19
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 work as a civil engineer focusing on infrastructure and civil construction for public, commercial, and residential buildings. He proposes to develop innovative construction solutions, provide training to U.S. professionals, and work on public projects such as hospitals, schools, and transportation infrastructure.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broader implications for the field.

Why This Petition Was Denied

The petitioner failed to meet the first prong of Dhanasar because his work was deemed to have localized impact rather than national importance. Although he holds an advanced degree and has significant experience in Brazil, he did not provide specific evidence of projected economic impacts or job creation attributable to his endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested more detail on the specific endeavor to determine national importance; the petitioner provided a professional plan and testimonial letters which were found insufficient.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2024-03-19.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

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