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dismissed EB-2 (NIW)

Project Controls Engineer

Construction Engineering · 2024-11-21

Decision Date
2024-11-21
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 Beneficiary proposes to continue serving as a project controls engineer, responsible for initiating, processing, and tracking architects and general contractors' assignments and contracts. This work supports capital improvement programs for school districts, including construction engineering projects to repair, rehabilitate, and build school facilities.

Framework Evaluation

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

The AAO concurred with the Director that the evidence did not establish the national importance of the proposed endeavor, despite acknowledging its substantial merit. The economic and employment data presented was tied to the Petitioner company's overall work, not the Beneficiary's specific contributions.

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. While the endeavor had substantial merit, the evidence regarding economic impact (over four billion dollars generated since 2021) and job creation (thousands of individuals employed) was attributed to the Petitioner company at large, not the Beneficiary's specific role. The AAO found the Beneficiary's work as a project controls engineer did not demonstrate sufficiently broad implications for the field or nationally significant economic/societal effects.

Evidence

Evidence Types
Commercial Success
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: 2024-11-21.

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At a Glance

Outcome dismissed
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

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

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