dismissed EB-2 (NIW) RFE Issued

Industrial Automation Specialist

Industrial Automation · 2024-11-20

Decision Date
2024-11-20
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 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.

Framework Evaluation

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

The Director concluded the Beneficiary did not meet the national importance requirement, stating the proposed endeavor did not sufficiently extend beyond the individuals served to impact the industry or field more broadly.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish that the Director erred in dismissing the motion to reconsider. The underlying petition denial was based on the Beneficiary not meeting the national importance requirement of the first Dhanasar prong, as the proposed endeavor was not shown to extend sufficiently beyond individuals to impact the industry or field more broadly. Furthermore, the Director concluded the Beneficiary did not meet the totality of the evidence for exceptional ability, specifically noting the Petitioner failed to demonstrate membership in professional associations requiring a U.S. bachelor's degree or equivalent.

Request for Evidence (RFE)

Unsuccessfully Addressed

Evidence

Evidence Types
Media Coverage
Reference Letters Independent
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: 2024-11-20.

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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

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