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dismissed EB-2 (NIW)

Industrial Engineer

Industrial Machinery Maintenance Sector · 2024-05-29

Decision Date
2024-05-29
Location
Upstate New York
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 operate a startup in the industrial machinery maintenance sector, delivering maintenance services ranging from routine inspections to advanced diagnostics and repair. The endeavor utilizes innovative technologies and methodologies to optimize industrial engineering processes and systems.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not extend beyond the petitioner's organization to impact the field or economy broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the petitioner did not provide evidence that his startup's activities would operate on a scale sufficient to impact the industry broadly or generate substantial positive economic effects, despite projections of 12 jobs and $3.5 million in revenue by year five.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Business Plan

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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: 2024-05-29.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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