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dismissed EB-2 (NIW) RFE Issued

Civil Engineer

Civil Engineering, The Construction Sector, And Laying Of Asphalt · 2024-07-10

Decision Date
2024-07-10
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 consulting company providing civil engineering and construction services, specifically focusing on the 'BIODIGESTOR' sewage treatment system as a sustainable alternative to traditional septic tanks. He intends to provide expert advice on structural and environmental factors for engineering projects to ensure safety and resource optimization.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance because its benefits are limited to the petitioner's clients rather than the field at large.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). Although the petitioner provided a five-year business plan projecting 11 employees and $1.28 million in revenue, the AAO found these projections lacked a sufficient basis and did not scale to a level of national importance or substantial economic effect.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the endeavor; the petitioner responded with industry reports and a business plan which were deemed insufficient.

RFE Targets
Substantial Merit and National Importance

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: 2024-07-10.

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

Related Pages

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