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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Environmental Consulting · 2024-08-13

Decision Date
2024-08-13
Location
New York
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 an environmental consulting company in New York to provide high-quality environmental consulting services, including developing environmental programs, project planning, conducting audits and risk analysis, and training clients' staff in environmental practices. The endeavor also aims to help companies comply with legal norms and rules in the field of ecology.

Framework Evaluation

1 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Met

The Director concluded that the Petitioner's proposed endeavor was of substantial merit and national importance.

2 The individual is well positioned to advance their proposed endeavor Not Met

The Petitioner failed to establish she has skills, knowledge, or a record of success in environmental consulting, nor evidence of progress or financial support for her proposed company.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded that the Petitioner did not show that on balance it would be beneficial to the United States to waive the job offer and labor certification requirements. The AAO declined to rule on this prong.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate eligibility for a national interest waiver under the Dhanasar framework, specifically failing to satisfy the second prong. The Director found the proposed endeavor had substantial merit and national importance (Prong 1 met) but concluded the Petitioner was not well-positioned to advance the endeavor (Prong 2 not met) and did not merit a waiver on balance (Prong 3 not met). The AAO affirmed the finding for Prong 2, citing lack of evidence for related skills, knowledge, record of success, financial support, and progress, and declined to rule on Prong 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further information regarding the petitioner's proposed endeavor, to which she submitted a business plan. However, the response did not sufficiently address concerns about her being well-positioned to advance the endeavor.

RFE Targets
The individual is well positioned to advance their proposed endeavor

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-08-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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