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dismissed EB-2 (NIW)

Civil Engineer

Construction Industry, Paving Industry · 2024-10-18

Decision Date
2024-10-18
Location
Vermont
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 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.

Framework Evaluation

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

The petitioner did not demonstrate that the endeavor would extend beyond his clientele to broadly impact the construction or paving industry, nor did he show significant potential for job creation or substantial positive economic effects at a national level.

2 On balance, waiving the job offer requirement would benefit the United States Not Met

The AAO reserved opinion on this prong, as the petitioner failed to meet the first prong, making it unnecessary to evaluate the third prong for the final decision.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor has national importance under the first prong of the Dhanasar framework. The record did not show that the endeavor would impact the construction industry broadly or provide substantial positive economic effects, such as significant job creation or tax revenue, beyond the petitioner's direct clientele. The AAO agreed with the Director that the national importance was not established and reserved opinion on the third prong.

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: 2024-10-18.

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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

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