dismissed EB-2 (NIW) RFE Issued

Industrial And Quality Engineer

Industrial And Quality Engineer · 2024-09-19

Decision Date
2024-09-19
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, an industrial and quality engineer, seeks an employment-based second preference (EB-2) classification and a national interest waiver. The proposed endeavor involves work in industrial and quality engineering.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Petitioner did not establish that the proposed endeavor satisfied the national importance element of the first prong.

Why This Petition Was Denied

The Director denied the petition, concluding the Petitioner had not established eligibility for the underlying EB-2 classification (either as an advanced degree professional or an individual of exceptional ability) or a national interest waiver. The AAO dismissed the subsequent appeal, agreeing that the Petitioner did not qualify for EB-2 and specifically affirming the Director's determination that the Petitioner did not establish the national importance element of the first Dhanasar prong. The motion to reconsider was dismissed as the Petitioner did not demonstrate an incorrect application of law or policy or provide new evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the proposed endeavor. The petitioner responded by reiterating previous arguments, which the AAO deemed insufficient and an abandonment of the issue on appeal.

RFE Targets
Proposed endeavor has 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: 2024-09-19.

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

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