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dismissed EB-2 (NIW) RFE Issued

Environmental Scientist And Specialist

Environmental Scientist And Waste Management Consultancy Business · 2025-03-05

Decision Date
2025-03-05
Location
New York, USA
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 operate a company providing consultancy services to public and private sectors in New York. These services include environmental impact assessments, waste management planning, reducing food and packaging waste, and exploring waste-to-energy conversion opportunities.

Framework Evaluation

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

The proposed endeavor to offer consultancy services to manage and reduce waste was found to have substantial merit. However, the national importance was not sufficiently demonstrated, as the petitioner failed to show how the company would have a national-level or state-wide impact or provide substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While the endeavor had substantial merit, the evidence did not sufficiently show how the company would achieve national or state-wide impact, nor did it provide a sufficient basis for projected job creation (24 individuals by the fifth year), revenue ($2,260,480), or tax contributions ($344,358) to demonstrate substantial positive economic effects. The second and third prongs were reserved.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification of the Petitioner's proposed endeavor. The Petitioner responded by detailing his intention to operate a waste management consultancy business, which was accepted as a clarification of his initial proposed endeavor.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent
Commercial Success

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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: 2025-03-05.

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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

Related Pages

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