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dismissed EB-2 (NIW)

Owner And Operator Of A Construction And Mechanical Maintenance Services Company

Construction And Industrial Assembly Of Metallic Structures And Mechanical Maintenance Services · Brazil · 2024-08-27

Decision Date
2024-08-27
Location
Louisiana, USA
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 establish a company in Louisiana specializing in construction and industrial assembly of metallic structures and mechanical maintenance services. The endeavor aims to contribute to the American economy and generate direct and indirect jobs for U.S. workers.

Framework Evaluation

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

The Director agreed the endeavor had substantial merit, but the petitioner failed to demonstrate national importance by not providing sufficient evidence for job creation projections, substantial economic effects, or broader industry impact beyond clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification, not meeting at least three of the six evidentiary criteria for exceptional ability. Specifically, evidence for 10 years of experience and a professional certification was deemed insufficient. Furthermore, the petitioner failed to demonstrate national importance under the first Dhanasar prong, as projections for 57 job creations and substantial economic effects lacked sufficient basis and evidence.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-08-27.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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