Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Automation Technician

Industrial Automation · Brazil · 2024-05-09

Decision Date
2024-05-09
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 in industrial automation for the development and implementation of new automation processes, specifically using robotics technology and maintenance management. The work aims to improve existing processes to ensure production continuity, increased productivity, and efficiency for U.S. companies.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director determined that the Petitioner was well-positioned to advance his proposed endeavor.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance or a broad prospective impact.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not demonstrate that waiving the labor certification would benefit the U.S. on balance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 exceptional ability classification and did not meet the national importance requirement of Dhanasar's first prong. Although he met three initial criteria for exceptional ability (education, 10 years experience, and salary), he failed the final merits determination as he did not show expertise significantly above the ordinary. Additionally, the proposed endeavor's impact was deemed localized to his employer rather than having a broader national implication.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the exceptional ability criteria and the three Dhanasar prongs. The petitioner provided an expert letter and professional references, but they were deemed too general.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
High Salary
Professional Memberships

Similar Cases

Automation Engineer

Industrial Automation

USCIS EB-2 (NIW) dismissed
Florida 2025-01-24
The petitioner intends to create a company providing industrial automation and mechatronics services, including optimizing industrial processes, improving efficiency, and integrating automated systems in factories. Additionally, he proposes to provide specialized professional training to others in these technical fields.

Automation Engineer

Industrial Automation

USCIS EB-2 (NIW) rfe dismissed
2024-11-20
The Beneficiary's proposed endeavor involves work as an industrial automation specialist, which the Director found did not sufficiently extend beyond the individuals served to impact the industry or field more broadly.

Others

Manufacturing

USCIS EB-2 (NIW) dismissed
2023-05-18
The Petitioner seeks to work as a manufacturing technician, specifically aligning his work with mechanical engineering technology and production operations.

Chief Technology Officer (CTO)

Industrial Automation · Italy

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-07-19
The petitioner proposes to invent, prototype, develop, and deploy robots specifically for the steelmaking process. The endeavor aims to increase safety and reduce manual labor costs by automating tasks within the steel industry.

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.

Browse More Cases

More dismissed cases More Industrial Automation cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-09.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist