dismissed EB-2 (NIW) RFE Issued

System Engineer

Engineering Industry · 2024-05-30

Decision Date
2024-05-30
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 work as a systems engineer to develop and launch new systems and products, specifically focusing on the food industry to optimize processes. He intends to provide specialized services in quality, product, and operations engineering to impact the field through innovation.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. The record lacked evidence of significant economic activity, job creation, or broad implications for the field, and the expert letters provided were deemed to have little probative value as they focused on industry statistics rather than the specific endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to address deficiencies in all three Dhanasar prongs. The petitioner provided expert letters and statements regarding the engineering talent shortage, but failed to demonstrate the specific impact of his work.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-05-30.

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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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