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dismissed EB-2 (NIW) RFE Issued

Entrepreneur (Electrical Engineering)

Electrical Engineering, Solar Energy Systems · 2023-10-16

Decision Date
2023-10-16
Location
New Jersey
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 an electrical engineering consulting and installation firm focused on residential, commercial, and industrial solar energy systems and maintenance. The endeavor aims to reduce electrical costs and contribute to the U.S. goal of 100% clean energy by 2035.

Framework Evaluation

1 of 3 criteria met
1 Well Positioned to Advance Endeavor Met

The Director found the petitioner well-positioned based on academic and professional history, though the AAO reserved judgment.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks evidence of national importance or significant prospective impact.

3 On Balance, Beneficial to Waive Job Offer Not Met

The record did not establish that waiving the labor certification would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor. The record contained unresolved inconsistencies regarding whether the company would hire 22 or 28 employees and failed to demonstrate how a small-scale installation business would have broader economic or industry-wide implications.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner responded to a notice of intent to deny by resubmitting his business plan and general industry publications to argue national importance.

RFE Targets
Substantial Merit and National ImportanceOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
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: 2023-10-16.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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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