dismissed EB-2 (NIW) RFE Issued

Facility Manager

Facility Management · Brazil · 2024-06-18

Decision Date
2024-06-18
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 work as a facility manager developing technical and commercial proposals for sustainable facilities. His work focuses on introducing innovative methodologies to reduce water and energy consumption, manage organic waste, and implement mechanized cleaning to improve operational efficiency and reduce carbon emissions.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit in business, but the record does not establish its national importance or broader implications to the field.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his endeavor (Prong 1). While the work has substantial merit, the record did not show that the specific projects would impact the industry more broadly or result in substantial positive economic effects beyond the Petitioner's immediate clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested more detail on the nature of the endeavor; the Petitioner provided a plan emphasizing sustainability and cost-reduction projects.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Expert Opinion Letters
Letters Of Recommendation
Professional Plan
Industry Reports

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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: 2024-06-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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