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dismissed EB-2 (NIW) RFE Issued

Project Manager

Construction Industry · 2024-08-14

Decision Date
2024-08-14
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 implement and disseminate an innovative methodology aimed at preventing budgeting excess and optimizing resources in construction projects. This involves refining his methodology and training other professionals to reduce waste and contribute to sustainability benchmarks nationwide.

Framework Evaluation

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

The AAO found that the proposed endeavor had substantial merit but lacked national importance, as its potential impact did not extend beyond direct clients and it did not demonstrate a new or unique approach to improve manufacturing processes.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The AAO reserved opinion on this prong, stating it was unnecessary to reach a conclusion given the failure to meet the first prong.

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

The AAO reserved opinion on this prong, stating it was unnecessary to reach a conclusion given the failure to meet the first prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor had national importance under Dhanasar's first prong. The AAO found that the endeavor's impact did not extend sufficiently beyond prospective clients and partners to have a national impact, nor did it establish a new or unique approach to improve manufacturing processes. The petitioner's methodology, which combined existing techniques like PMBOK, Lean Six Sigma, DMAIC, and PDCA, was not shown to constitute a manufacturing process improvement likely to broadly impact the U.S. construction sector. The AAO reserved opinion on the second and third prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

In response to the Director's RFE, the petitioner provided an updated professional plan, which detailed a combination of methodologies (DMAIC, PDCA, and intelligent urban construction models) after initially describing the use of PMBOK and Lean Six Sigma.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Academic Credentials
Certificates
Prior Work Experience
Reference Letters Independent
Reference Letters Dependent
Government Alignment
Awards
Original Contributions

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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: 2024-08-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 8

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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