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dismissed EB-2 (NIW) RFE Issued

Civil Engineer

Geotechnical Engineering · China · 2024-10-01

Decision Date
2024-10-01
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 develop approaches to analyze the performance of geotechnical structures to improve infrastructure safety and manage risk. This will be achieved by pursuing a position as a senior geotechnical engineer or a similar role with a reputable U.S. company, where he also plans to engage in research on specialized topics in his field.

Framework Evaluation

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

The AAO concluded that the proposed endeavor has substantial merit, withdrawing the Director's finding to the contrary. However, the evidence did not establish that the proposed endeavor has national importance, as it lacked significant potential to employ U.S. workers, substantial positive economic impact, or broader industry implications beyond the employer.

2 The petitioner is well positioned to advance the proposed endeavor. Not Met

The Director found that the petitioner did not meet this prong, and the AAO did not address it.

3 On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Not Met

The Director found that the petitioner did not meet this prong, and the AAO did not address it.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that his proposed endeavor had national importance under Dhanasar's first prong. While the AAO acknowledged the endeavor had substantial merit, the evidence did not demonstrate significant potential to employ U.S. workers, substantial positive economic impact beyond his employer, or broader industry implications. The petitioner's past accomplishments, including about a dozen co-authored research articles and claimed grants from China's National Natural Science Foundation, were deemed relevant to Prong 2 (well-positioned) rather than Prong 1 (national importance). The decision did not address Prongs 2 and 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE notifying the petitioner of evidentiary deficiencies. The petitioner submitted general industry reports and articles in response. The AAO declined to consider new evidence submitted on appeal, noting that the petitioner had been given a prior opportunity to provide it.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Independent
Reference Letters Dependent
Grants
Judging Experience
Original Contributions

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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: 2024-10-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 7

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in China All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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