dismissed EB-2 (NIW)

Industrial Engineer

Industrial Engineer · 2024-12-10

Decision Date
2024-12-10
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 create environmentally sustainable products and architectural finishes that comply with green product regulations. This includes conducting research on green regulations and industry best practices, selecting eco-friendly materials, and developing energy-efficient designs for innovative construction finishing products.

Framework Evaluation

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

USCIS found the endeavor had substantial merit but lacked sufficient evidence to demonstrate national importance, as its impact was not shown to extend broadly across the U.S. economy or industry.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that her proposed endeavor has national importance under the first prong of the Dhanasar framework. While the endeavor had substantial merit, USCIS found insufficient evidence that her work would have broader implications for the industry or the U.S. economy beyond her direct clients, lacking corroboration for claims of substantial positive economic effects or job creation.

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
Business Plan
Industry Reports Articles

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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: 2024-12-10.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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

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