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dismissed EB-2 (NIW)

Safety Engineer

Construction, Industrial, Agriculture, And Mining Sectors · 2024-10-02

Decision Date
2024-10-02
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 in the United States as a safety engineer, carrying out risk analysis and identifying potential hazards in construction, industrial, agriculture, and mining sectors. The goal is to implement preventative measures, create safe working environments, minimize workplace accidents, and improve productivity and efficiency through specialized techniques and tools.

Framework Evaluation

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

The Petitioner established the substantial merit of his endeavor but failed to demonstrate its national importance, as his claims relied on the general importance of the safety engineer occupation rather than the specific impact of his work beyond immediate employers.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his specific endeavor under the first Dhanasar prong. USCIS found that the Petitioner's claims primarily relied on the general importance of the safety engineer occupation rather than demonstrating broader implications beyond immediate employers or customers. The decision also noted a lack of specific projects, projected employment numbers, or substantial positive economic effects directly attributable to the Petitioner's endeavor. Furthermore, the Director's finding of the Petitioner qualifying as an advanced degree professional was withdrawn, as the Petitioner only documented approximately 3 years and 8 months of post-baccalaureate experience, falling short of the required five years.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
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: 2024-10-02.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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

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