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dismissed EB-2 (NIW)

Industrial Engineering And Occupational Risk Management And Innovation

Industrial Engineering And Occupational Risk Management And Innovation · 2024-05-16

Decision Date
2024-05-16
Location
Florida
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 establish a business consulting firm providing services in industrial engineering, occupational health and safety, and environmental management to small and medium-sized businesses. The work involves designing strategic plans, operation models, risk maps, and environmental management plans to reduce pollution and workplace accidents.

Framework Evaluation

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

The petitioner's qualifications and letters of support indicated she was well-positioned in her field.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked evidence of national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The court reserved judgment on this prong as the first prong was not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the petitioner provided insufficient evidence to show that her specific consulting services would have a prospective impact beyond her future clientele or generate substantial positive economic effects, despite a projection of creating 20 jobs.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-05-16.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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