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dismissed EB-2 (NIW) RFE Issued

Civil Engineering Project Manager

Civil Engineering Services · Brazil · 2023-09-28

Decision Date
2023-09-28
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 proposes to operate a civil engineering services company in Florida, serving as a project manager to oversee construction organization, budgeting, and implementation. The endeavor aims to provide consultation using eco-friendly strategies and innovative technologies to minimize pollution and waste in building projects, particularly in coastal areas.

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 industry impact.

2 Well-Positioned to Advance the Endeavor Not Met

The record contained unresolved inconsistencies regarding the Petitioner's past professional experience and business ownership.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Petitioner did not meet the first two prongs, thus failing the third.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his endeavor and did not prove he was well-positioned to advance it. Specific issues included uncorroborated claims of past business ownership in Colombia, inconsistencies regarding his residency in Australia during claimed work periods, and a lack of evidence showing how his small business would impact the industry more broadly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a business plan and evidence of the Petitioner's qualifications; the Petitioner provided a plan dated November 2022 and letters from current clients.

RFE Targets
Substantial Merit and National ImportanceWell-Positioned to Advance the Endeavor

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: 2023-09-28.

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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

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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