dismissed EB-2 (NIW) RFE Issued

Engineer That Will Provide Consulting Services In Areas Of Electrical Engineering And Technical Sales

Electrical Engineering And Technical Sales · 2024-07-01

Decision Date
2024-07-01
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 consulting company providing services in electrical engineering and technical sales, specifically helping businesses upgrade or replace electrical machinery. He also intends to conduct research, advance technologies, and transfer best practices between the United States and Latin America.

Framework Evaluation

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

The endeavor's impact was found to be limited to prospective customers and employees rather than the field or U.S. economy more broadly.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of his endeavor; his business plan's projections of 15 jobs and $846,405 in revenue were deemed insufficient to show substantial positive economic effects. Additionally, the record lacked evidence that his work would impact the field more broadly rather than just his specific clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a NOID claiming the record fell short of establishing national importance and lacked financial proof to demonstrate industry-wide impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-07-01.

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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

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