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dismissed EB-2 (NIW) RFE Issued

Industrial Engineer / Entrepreneur

Industrial Engineering · Brazil · 2024-05-23

Decision Date
2024-05-23
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 initially proposed to open a small electroplating business for semi-jewelry. He later revised this to establishing an industrial engineering consultancy firm providing services such as production planning, process improvement, and supply chain management across multiple states.

Framework Evaluation

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

The Director found this prong met, though the AAO noted significant inconsistencies in the Petitioner's resume and material changes to the plan.

2 Substantial Merit and National Importance Not Met

The endeavor had substantial merit but lacked evidence of national importance or broader implications for the field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Petitioner did not establish that waiving the labor certification would benefit the U.S.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of the endeavor; the proposed work was found to benefit only the business and its clients rather than the nation at large. Additionally, the Petitioner made material changes to the endeavor after filing (switching from electroplating to consultancy) and had inconsistencies in his claimed full-time employment history.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested more details on the specific endeavor and its economic impact; the Petitioner responded by changing the business model from electroplating to engineering consultancy.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Independent
Original Contributions

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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: 2024-05-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

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

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