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dismissed EB-2 (NIW)

Occupational Health And Safety Specialist

Environmental Consultancy Firm ยท 2024-09-23

Decision Date
2024-09-23
Location
Massachusetts
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's proposed endeavor is to open and manage an environmental consultancy firm which will "improve current occupational health and safety systems in the operations and business environments of small, medium, and large companies in the US." He explains that through his business, which will be based in Massachusetts, he will provide consulting, training, and technical services relating to workplace safety, health, environmental issues, compliance with Occupational Safety and Health Administration (OSHA) standards and other regulations, and performance improvement.

Framework Evaluation

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

The Petitioner established substantial merit but failed to demonstrate national importance, as the endeavor's impact was not shown to extend beyond prospective clients and employees to broadly influence the field or the U.S. economy.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor, which is the first prong of the Dhanasar framework. While the endeavor had substantial merit, the Petitioner did not demonstrate how the business would broadly influence the field or the U.S. economy beyond its direct clients and employees. The business plan's projected revenue of $1,290,000 in year one and $2,604,376 in year five, and job creation of 7 in year one rising to 22 in year five, were not shown to have 'substantial positive economic effects' commensurate with national importance. The decision declined to reach the second and third Dhanasar prongs or the underlying EB-2 classification.

Evidence

Evidence Types
Reference Letters Dependent
Expert Opinion Letters
Business Plan

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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: 2024-09-23.

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At a Glance

Outcome dismissed
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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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