dismissed EB-2 (NIW) RFE Issued

Engineer

Engineering Consulting Business · 2024-10-03

Decision Date
2024-10-03
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 open an engineering consulting business to provide professional engineering and infrastructure consulting services to small and medium construction companies. The endeavor aims to support, innovate, and advise companies by introducing sustainable models with a positive impact on the environment and economy.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner failed to demonstrate how his engineering consulting business would have a broader impact on the engineering field beyond his clients or generate substantial positive economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. The USCIS found that the proposed engineering consulting business did not demonstrate national importance, as the petitioner did not show how it would impact the engineering field more broadly beyond his clients or provide substantial positive economic effects at a national level. The business plan's projections of 20 employees and $226,604 net profit in year five lacked supporting details and did not demonstrate national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the petition. In response, the petitioner submitted a personal statement that materially changed the proposed endeavor and included documents that originated after the initial filing date, which were deemed inadmissible for establishing eligibility at the time of filing.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent
Reference Letters Dependent
Commercial Success

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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: 2024-10-03.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

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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