dismissed EB-2 (NIW) RFE Issued

Industrial Engineer

Industrial Engineering / Beauty Industry ยท 2023-11-14

Decision Date
2023-11-14
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 provide industrial engineering services focused on operational excellence methodologies and project management. The goal is to simplify industrial procedures, decrease waste of materials and energy, and develop high-performance production processes to ensure greater profitability for U.S. companies.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or broad impact on the U.S. economy.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework regarding national importance. While the endeavor had substantial merit, the evidence did not demonstrate broader implications for the industry or significant potential for job creation and economic impact beyond the petitioner's immediate employer.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the national importance of the endeavor. The petitioner submitted an updated plan and employment offers, but failed to show how the work would impact the field more broadly.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent

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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: 2023-11-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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