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dismissed EB-2 (NIW) RFE Issued

Industrial Engineer And Entrepreneur

Concrete Manufacturing Industry · Brazil · 2024-07-12

Decision Date
2024-07-12
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 own and operate a Florida-based enterprise engaged in the manufacturing and wholesaling of permeable concrete drainage pavers. The endeavor focuses on producing thermic, anti-slip blocks for use around swimming pools and gardens to support sustainable water management.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The petitioner's 15 years of experience and advanced degree in industrial engineering were found sufficient to meet this prong.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but the petitioner failed to demonstrate its national importance or broader implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the petitioner projected creating 29 jobs and generating $2.37 million in revenue by year five, these figures were not considered 'substantial' relative to the scale of the U.S. manufacturing industry, and the product was not proven to be a unique or revolutionary innovation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the Dhanasar prongs. The petitioner provided a business plan and an expert opinion letter, but failed to establish national importance.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavorprong 3

Evidence

Evidence Types
Media Coverage
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: 2024-07-12.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 3

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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