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dismissed EB-2 (NIW)

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Construction Industry · 2024-05-15

Decision Date
2024-05-15
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 within the construction industry. The specific details of the endeavor were not elaborated upon in the decision, though the petitioner claimed it would have economic ripple effects.

Framework Evaluation

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

The petitioner failed to establish the national importance of the specific proposed endeavor, as the evidence discussed the industry generally rather than the specific work.

2 Well-positioned to Advance the Endeavor Not Met

The record did not adequately establish that the petitioner was well-positioned, particularly regarding the consistency of the endeavor across different positions.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to provide new facts for a motion to reopen or demonstrate an error of law for a motion to reconsider. Specifically, the evidence did not establish the national importance of the specific endeavor under Dhanasar Prong 1, and the record did not sufficiently show the petitioner was well-positioned under Prong 2.

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: 2024-05-15.

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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

Related Pages

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

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