dismissed EB-2 (NIW) RFE Issued

Electrical Engineer

Electrical Engineering And Information Technology (IT) Fields · 2024-07-25

Decision Date
2024-07-25
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 provide specialized consultancy services in telecommunications, electrical engineering, and software engineering to impact the U.S. energy industry. The work involves developing innovative product concepts, implementing wireless communication systems, IoT solutions, and sustainable energy technologies to address cybersecurity threats and promote digital inclusion.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked evidence of national importance or broader implications for the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor (Prong 1). The record lacked evidence showing how his specific consultancy work would impact the industry at a level commensurate with national importance, and the AAO reserved judgment on Prongs 2 and 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the proposed endeavor; the petitioner responded with a list of IT tasks and a job offer letter from W-E-.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Expert Opinion Letter
Industry Reports

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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: 2024-07-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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