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dismissed EB-2 (NIW)

Health And Safety Engineer

Health And Safety Engineer · Brazil · 2025-01-08

Decision Date
2025-01-08
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 proposes to launch a business providing consulting services to the construction and railroad industries. This business aims to address workplace safety by ensuring compliance with Occupational Safety and Health Administration (OSHA) procedures and preventing workplace injury and death.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well-positioned to advance the proposed endeavor Met

The Director determined the petitioner was well-positioned to advance the endeavor, a finding supported by the record.

2 Proposed endeavor has both substantial merit and national importance Not Met

The Director found the endeavor had substantial merit, but the petitioner did not sufficiently demonstrate its national importance, lacking evidence of potential prospective impact beyond merely working in an important field.

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

The Director determined it would not be beneficial to the United States to waive the requirements. The AAO declined to reach this prong in its decision.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the petitioner did not provide sufficient evidence of its potential prospective impact, such as corroborating evidence for claims of innovation or a clear basis for projected job creation (27 new jobs), $3 million in salaries, and $3.8 million in tax revenue. The support letters focused on past accomplishments rather than future impact, and industry reports discussed the field generally.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Government Alignment
Conference Presentations

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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: 2025-01-08.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 5

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 Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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