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dismissed EB-2 (NIW) RFE Issued

CEO And Chief Technical Officer

HVAC And Electrical Expert · 2024-11-12

Decision Date
2024-11-12
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 continue his work as an HVAC and electrical expert in the United States. He intends to operate his own HVAC company, providing installation and corrective maintenance services.

Framework Evaluation

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

The Director determined that the Petitioner did not establish that his proposed endeavor had substantial merit and national importance, a finding affirmed by the AAO in its dismissal of the motion.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director determined that the Petitioner did not establish that he was well-positioned to advance his proposed endeavor, a finding affirmed by the AAO in its dismissal of the motion.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that the Petitioner did not establish that, on balance, waiving the job offer requirement would benefit the United States, a finding affirmed by the AAO in its dismissal of the motion.

Why This Petition Was Denied

The Director denied the petition because the Petitioner did not establish eligibility for exceptional ability or a national interest waiver. The AAO dismissed the appeal of the motion to reopen and reconsider, finding that the Petitioner failed to submit new facts or demonstrate that the Director's prior decision was based on an incorrect application of law or policy. The petitioner's business plan was deemed insufficient as eligibility must be demonstrated at the time of filing, and previously submitted evidence was largely resubmitted without addressing inconsistencies.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the Petitioner's eligibility for exceptional ability and the national interest waiver. The Petitioner responded by resubmitting previously provided evidence, including a business plan and letters, which the Director found did not constitute new facts or resolve inconsistencies.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Professional Memberships

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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: 2024-11-12.

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At a Glance

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

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

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