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dismissed EB-2 (NIW) RFE Issued

Others

Industrial Engineering Industry · 2024-09-30

Decision Date
2024-09-30
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's proposed endeavor is in the industrial engineering industry, focusing on optimizing processes, systems, and organizations. The specific undertaking aims to contribute to the welfare and economy of the United States.

Framework Evaluation

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

The petitioner established the substantial merit of the proposed endeavor but failed to demonstrate its national importance, as merely working in an important field is insufficient.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. Specifically, the petitioner did not demonstrate that the proposed endeavor has national importance under Dhanasar's first prong, despite working in an important field. The AAO found no error in its previous analysis or the standard of proof applied.

Request for Evidence (RFE)

Unsuccessfully Addressed

An RFE was issued, likely requesting further evidence or clarification regarding the national importance of the proposed endeavor. The petitioner responded by reiterating that the evidence already submitted (including letters of support, industry reports, articles, and a business plan) established national importance. However, USCIS found this response insufficient to meet the national importance criterion.

RFE Targets
Proposed endeavor has 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: 2024-09-30.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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