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dismissed EB-2 (NIW) RFE Issued

GENERAL OPERATIONS MANAGER

Heavy Equipment Rental Services Firm · 2024-04-18

Decision Date
2024-04-18
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 establish and operate E-E-, LLC, a heavy equipment rental services firm providing scaffolding, shoring, power generators, water pumps, and concrete equipment. He intended to use his expertise in mechanical engineering to manage daily operations and formulate policies for the business.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked evidence of national importance or broader implications for the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific endeavor under the first Dhanasar prong. The evidence provided, including a business plan and an advisory evaluation from A-A-, focused on the general importance of the industry rather than the specific prospective impact of the petitioner's own work. Additionally, the petitioner's business plan was considered a material change as it was created after the initial filing.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for the national interest waiver; the petitioner responded with a business plan for a new entity, which was deemed a material change.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2024-04-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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