dismissed EB-2 (NIW)

Occupational Health And Safety Technician And Entrepreneur

Consultancy Services To Improve Occupational Health And Safety For Small-And Medium-Sized Businesses ยท 2024-06-04

Decision Date
2024-06-04
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 company providing consultancy services to improve occupational health and safety for small- and medium-sized businesses. The endeavor aims to provide professional guidance to enhance workplace safety standards within the SME sector.

Framework Evaluation

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

The petitioner failed to show how his specific consultancy work would impact the industry nationally or provide substantial economic benefits.

Why This Petition Was Denied

The appeal and subsequent motions were dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. USCIS found that business plan projections were unsupported by corroborating evidence and that the benefits did not reach the level of substantial positive economic effects. Prongs two and three were not reached as the petitioner failed the first requirement.

Evidence

Evidence Types
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: 2024-06-04.

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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 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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