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dismissed EB-2 (NIW) RFE Issued

Civil Engineer

Civil Engineering / Construction · Brazil · 2023-01-11

Decision Date
2023-01-11
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 initially proposed providing guidance to U.S. multi-national companies regarding cross-border construction transactions in Brazil. She later changed her endeavor to acting as an entrepreneur and CEO of her own company providing construction management, inspection, and maintenance services for buildings and infrastructure in the U.S.

Framework Evaluation

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

The petitioner did not show how her specific work would have broader implications for the industry or significant economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner's change in endeavor during the NOID response constituted an impermissible material change. Furthermore, she failed to establish the national importance of either endeavor, as the record lacked evidence of broader implications for the field or substantiated economic impact metrics like the projected 44 jobs and $800,000 income.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a NOID stating the initial endeavor lacked national importance. The petitioner responded by proposing a new business as a CEO, which was deemed an impermissible material change.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Business Plan
Academic Evaluation

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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: 2023-01-11.

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At a Glance

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

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

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