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dismissed EB-2 (NIW) RFE Issued

Environmental Engineer

Environmental Engineer, Recycling Industry · Colombia · 2025-02-03

Decision Date
2025-02-03
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, an environmental engineer, plans to establish an environmental consulting company. This company will bring a holistic approach to consulting that addresses the acquisition and marketing of recycled raw materials and sustainable solid waste management, specializing in developing and implementing recycling programs for local governments and municipalities.

Framework Evaluation

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

The Director determined the endeavor had substantial merit, but the AAO agreed with the Director that the petitioner failed to establish the national importance of the proposed endeavor, lacking broader implications beyond her company.

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

The Director found the petitioner had not shown she was well-positioned to advance her endeavor, specifically regarding potential for substantial positive economic effects or broader impact.

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

The Director concluded that on balance, it would not be beneficial to the United States to waive the job offer and labor certification requirements.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under Dhanasar's first prong. The Director and AAO found insufficient evidence to demonstrate broader implications beyond her company or substantial positive economic effects, despite an RFE being issued. The petitioner's arguments regarding experience were deemed relevant to Prong 2, not Prong 1.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to establish eligibility for a national interest waiver, specifically addressing the national importance of the endeavor, the petitioner's position to advance it, and the overall benefit of a waiver. The petitioner's response was deemed insufficient by the Director.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

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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: 2025-02-03.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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 EB-2 (NIW) in Colombia All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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