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dismissed EB-2 (NIW) RFE Issued

Civil Engineer

Construction Industry · 2024-07-08

Decision Date
2024-07-08
Location
Florida
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 operate a civil engineering company in Florida specializing in building screen enclosures, sunrooms, and porch enclosures, while also providing consulting, advisory services for high-end condominiums, and training courses for professionals in civil engineering and architecture.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked national importance as it did not demonstrate broader implications for the field or significant economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1), as the business projections and training activities lacked evidence of broader industry implications. Additionally, the AAO withdrew the finding of exceptional ability, noting that recommendation letters only showed contributions to an employer rather than significant contributions to the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for substantial merit and national importance. The petitioner responded with a new business plan adding consulting and training services.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-07-08.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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