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dismissed EB-2 (NIW)

Urban Planner

Infrastructure And Civil Engineering · 2024-09-10

Decision Date
2024-09-10
Location
Sweden
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 open an urban planning department at a Virginia office, focusing on "Creating Livable Cities Together" by planning and designing sustainable and livable cities. This includes contributing to population growth management through "15-minute cities" where daily amenities are reachable within a 15-20 minute walk or bike ride, and creating an urban planning consultancy.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner established the substantial merit of her proposed endeavor but failed to demonstrate its national importance, as the work's impact was not shown to extend beyond her employer and prospective clients to influence the field or U.S. economy more broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. While substantial merit was acknowledged, the petitioner did not demonstrate how her work on 15-minute cities would have a broader impact beyond her employer and clients, or significant potential for U.S. job creation or substantial positive economic effects at a national level. The decision explicitly states that further analysis of the second and third Dhanasar prongs was unnecessary.

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: 2024-09-10.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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

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