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dismissed EB-2 (NIW) RFE Issued

Civil Engineer

Civil Engineering · 2024-08-07

Decision Date
2024-08-07
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 originally proposed to work as a civil engineer within a U.S. company. In response to an RFE, he later attempted to change the endeavor to establishing and directing a new construction company.

Framework Evaluation

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

The evidence submitted with the original petition did not demonstrate that the specific endeavor had prospective national importance.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish the national importance of the original endeavor under Dhanasar prong one. Furthermore, the shift from being an employee to starting a construction company was deemed a material change that cannot retroactively establish eligibility.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding eligibility; the petitioner responded with a business plan and evidence of a newly formed company.

RFE Targets
Substantial Merit and National Importance

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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: 2024-08-07.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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