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dismissed EB-2 (NIW) RFE Issued

Civil Engineer

Civil Engineering · Russia · 2024-05-16

Decision Date
2024-05-16
Location
Not stated
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 establish a dredging business in the United States to provide services to individuals and organizations, including renting dredgers and mini-dredgers with an operator. He plans to hire two employees to ensure equipment operation.

Framework Evaluation

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

The endeavor was found to have substantial merit due to its environmental and engineering nature, but it failed to demonstrate national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific endeavor. While he qualified for EB-2 classification as an advanced degree professional (holding a Russian 'diplom spetsialista' equivalent to a U.S. master's degree), his business plan to hire only two employees was deemed to have insufficient economic impact or broader field implications.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the petitioner's qualification as an advanced degree professional and the three-prong Dhanasar test for the national interest waiver.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Articles
Business Plan
Educational 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: 2024-05-16.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

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

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