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dismissed EB-2 (NIW) RFE Issued

Electro-Mechanical Professional

Hydrocarbon Extraction Industry · 2025-04-02

Decision Date
2025-04-02
Location
Massachusetts
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 an electro-mechanical professional in the hydrocarbon extraction industry, focusing on maintaining sensitive equipment for the extraction and processing of hydrocarbons. He later attempted to change his endeavor to establishing a business in Massachusetts providing electro-mechanical services and training to the energy sector.

Framework Evaluation

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

The petitioner focused on the importance of the industry rather than the specific prospective impact of his own work.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, as the evidence did not show the endeavor's impact extended beyond a single employer to the broader field. Additionally, the petitioner attempted to make a material change to the petition by switching from an employee role to an entrepreneurial role, which is not permitted after filing.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a NOID questioning the national importance of the endeavor. The petitioner responded by changing his proposed role to a CEO of a new business, which was deemed a material change.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Independent
Reference Letters Dependent

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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: 2025-04-02.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

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