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dismissed EB-2 (NIW) RFE Issued

Electrical Engineer And Project Manager

Engineering Field · 2024-09-26

Decision Date
2024-09-26
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 consulting services to U.S. businesses and government agencies regarding data center infrastructure. This involves offering high-level advice to U.S. companies on data centers and data storage through the creation of a consulting company.

Framework Evaluation

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

The Petitioner did not provide sufficient information or evidence to demonstrate that his proposed consulting services for data center infrastructure had broader implications beyond his own company and clients, or that they offered original innovations with national or global impact. General claims of economic growth and job creation were not corroborated.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the first Dhanasar prong, which requires demonstrating that the proposed endeavor has national importance. The AAO found insufficient evidence to show the consulting services had broader implications or original innovations beyond the petitioner's own company and clients. General assertions about economic growth and job creation were not corroborated, and the AAO declined to evaluate the second and third prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a sufficiently detailed description of the proposed endeavor and documentary evidence establishing its national importance, specifically regarding broader implications, potential to employ U.S. workers, or substantial positive economic effects. The petitioner's response was deemed insufficient to address these concerns.

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

Evidence

Evidence Types
Reference Letters Dependent
Business Plan
Expert Opinion Letter
Industry Articles

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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: 2024-09-26.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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