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dismissed EB-2 (NIW) RFE Issued

Project Manager

Civil Engineering Services · 2023-03-13

Decision Date
2023-03-13
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 his own civil engineering company specializing in project evaluation, procurement, consulting, and project management. The work specifically focuses on road and bridge infrastructure projects for the Florida Department of Transportation and private sector clients.

Framework Evaluation

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

The endeavor has substantial merit but the petitioner failed to show it has national importance or implications beyond his specific clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific endeavor under the first Dhanasar prong. Although he provided industry reports on the importance of STEM and infrastructure, he did not demonstrate that his specific business would have broader implications for the field or significant economic effects, projecting only $52,300 in salaries by year three.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner provided industry reports, articles on STEM shortages, and a business plan in response to concerns about the endeavor's impact.

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: 2023-03-13.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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