dismissed EB-2 (NIW) RFE Issued

Engineer

Construction Sector · Venezuela · 2023-10-31

Decision Date
2023-10-31
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 continue operating his electrical contracting and construction business in Florida, focusing on commercial, industrial, and residential electrical projects with an emphasis on sustainability certifications.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The petitioner's qualifications, including his license and experience, establish he is well-positioned.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or substantial 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). While he is an individual of exceptional ability with over 10 years of experience and professional memberships, his business's projected revenue of $2 million and creation of 11 jobs were deemed insufficient to show substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE focused on the national importance of the endeavor. The petitioner responded by highlighting STEM involvement, small business status, and sustainability, but failed to show impact beyond his specific company.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
Professional Memberships
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: 2023-10-31.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

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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