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dismissed EB-2 (NIW) RFE Issued

Industrial-Organizational Technical Consultant

Industrial And Manufacturing Space · 2025-02-20

Decision Date
2025-02-20
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 initially proposed to serve as an industrial-organizational technical consultant, offering services in manufacturing process innovations, equipment reliability, workplace health and safety management, reliability improvement and sustainability, and building asset management. He also planned to train individuals and work with corporate clients for workforce training. In response to an RFE, the petitioner expanded the endeavor to include developing and implementing AI-driven Metaverse software for industrial and advanced manufacturing optimization and growing the industrial and advanced manufacturing workforce through career technical training education, including a mixed reality gamified training platform.

Framework Evaluation

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

The petitioner did not provide sufficient or consistent evidence to clearly define the specific nature and scope of the proposed endeavor, making it impossible to evaluate its substantial merit or national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to clearly define the specific nature and scope of the proposed endeavor, leading to a lack of sufficient and consistent evidence to establish substantial merit or national importance under Dhanasar's first prong. The RFE response introduced material changes and ambiguities regarding whether the endeavor was consulting or software development, and its target clientele and training activities were vague. Consequently, the petitioner did not meet the burden of proof for a national interest waiver.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more information to determine if the proposed endeavor had substantial merit or national importance. The petitioner responded by introducing two new, significantly different pillars for the endeavor (AI-driven software and training), which broadened the scope and created inconsistencies rather than clarifying the initial proposal.

RFE Targets
The proposed endeavor has both substantial merit and national importance

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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: 2025-02-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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