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dismissed EB-2 (NIW) RFE Issued

Environmental Manager

Environmental Health And Safety (EHS) Due Diligence · 2024-04-26

Decision Date
2024-04-26
Location
Florida
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 intends to assist U.S. organizations in designing, developing, and implementing systems to protect workers from illness and injury and protect the environment. She plans to operate an Environmental Health and Safety (EHS) consultancy firm providing due diligence and mitigation of environmental liabilities.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or substantial prospective impact on the field or economy.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet Prong 1 of the Dhanasar framework; specifically, she did not show the endeavor's impact rose to the level of national importance. While the endeavor had substantial merit, the projected creation of 51 jobs and revenue of $4.2 million by year five were not supported by sufficient evidence to demonstrate substantial economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to establish the national importance of the endeavor; the petitioner responded with a business plan and expert opinion letters.

RFE Targets
Substantial Merit and National Importance

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: 2024-04-26.

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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 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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