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 establish a new engineering consulting services company that will provide electrical engineering, electronics, and production processes to other companies and residential customers in the United States. The endeavor includes researching, designing, developing, testing, or supervising the manufacturing and installation of electrical equipment, components, or systems for commercial, industrial, military, or scientific use.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as its potential impact was deemed limited to the petitioner's company and its direct customers, not the field more broadly.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. USCIS determined that the endeavor's implications were limited to the petitioner, his company, prospective clients, and four prospective employees, not demonstrating a broader impact on the field of electrical engineering or the national economy despite projected revenues of $367,000 within a year and $500,000 in three years. The decision noted a lack of corroborating evidence to support claims of improving societal welfare or increasing the U.S. economy, and clarified that merely working in an important field is insufficient without evidence of the specific endeavor's potential prospective impact.
Request for Evidence (RFE)
Unsuccessfully Addressed
A Request for Evidence was issued prior to the denial, providing adequate notice regarding deficiencies in the petition. The petitioner claimed not to have been given clear instructions to address issues, but the Director's RFE was deemed compliant with regulations.
RFE Targets
The proposed endeavor has both substantial merit and national importance
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.
The petitioner proposes to work as an electrical engineer in complex energy facilities or establish a technical consulting firm focusing on process safety, reliability engineering, and sustainable energy practices such as decarbonization and energy efficiency.
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.
The petitioner proposes to operate an engineering consulting services company specializing in electrical engineering, electronics, and production processes. The endeavor aims to provide services within these fields.
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.
