Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Rope Access Specialist

Construction And Civil Engineering Industries · 2025-02-13

Decision Date
2025-02-13
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 work as a rope access specialist and operate a construction company in Florida. This company would apply practical ropework techniques to access difficult-to-reach locations in the state's construction industry, aiming to provide a safe and effective method for challenging industrial work that standard construction methods cannot accomplish.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit but lacked national importance. The petitioner failed to demonstrate that their specific work would have broader implications for the industry or result in substantial positive economic effects beyond general industry benefits.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. The evidence presented focused on the general benefits of the rope access industry rather than the specific, broader implications or substantial economic effects of the petitioner's particular work. USCIS found that the petitioner's claims of economic and societal benefits were too broad and did not demonstrate how their specific endeavor would impact the industry more broadly or create substantial jobs, as contemplated by Dhanasar. The decision did not reach the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE stating the petitioner was not eligible for EB-2 as an advanced degree professional due to lack of a bachelor's degree or foreign equivalent. The petitioner responded by asserting eligibility as an individual of exceptional ability.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

Similar Cases

Civil Engineer

Construction

USCIS EB-2 (NIW) dismissed
Vermont 2024-10-18
The petitioner proposes to develop an asphalt and paving consulting services firm in Vermont. This endeavor includes providing instruction and training to the construction industry labor force, focusing on best practices, sustainability, safety, and materials usage, and offering management consulting services to improve efficiency and profitability for construction firms.

Civil Engineer

Engineering · Brazil

USCIS EB-2 (NIW) rfe dismissed
United States 2024-07-29
The petitioner proposes to establish and expand an engineering consulting and project management firm focusing on providing civil engineering and project management services to U.S. companies within the construction sector.

Civil Engineer

Construction

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-07-08
The petitioner proposes to operate a civil engineering company in Florida specializing in building screen enclosures, sunrooms, and porch enclosures, while also providing consulting, advisory services for high-end condominiums, and training courses for professionals in civil engineering and architecture.

Civil Engineer

Engineering · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2023-01-11
The petitioner initially proposed providing guidance to U.S. multi-national companies regarding cross-border construction transactions in Brazil. She later changed her endeavor to acting as an entrepreneur and CEO of her own company providing construction management, inspection, and maintenance services for buildings and infrastructure in the U.S.

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.

Browse More Cases

More dismissed cases More Construction cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-13.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist