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dismissed EB-2 (NIW)

Project Manager

Civil Engineering And Construction Industry · 2024-05-30

Decision Date
2024-05-30
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 as a project manager in the construction field, focusing on the execution of commercial, corporate, and residential projects. He intends to manage projects requiring extensive labor, materials, and equipment to improve standards of living and employment opportunities.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked evidence of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet, and the AAO declined to reach the argument as prong 1 was failed.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet, and the AAO reserved judgment on this issue.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his specific endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the record lacked evidence of substantial positive economic effects or a broad impact on the field beyond the petitioner's immediate serviced organizations.

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-05-30.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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