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dismissed EB-2 (NIW) RFE Issued

Maintenance, Assembly, And Renovation Engineer

Maintenance, Assembly, And Renovation Engineer · 2022-10-05

Decision Date
2022-10-05
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 proposes to operate an engineering business providing maintenance, assembly, and renovation services, specifically focusing on industrial and manufacturing maintenance. The work involves providing automation and environmentally friendly practices for industrial oil disposal and repair services for entities such as cement companies.

Framework Evaluation

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

The endeavor has merit but lacks evidence of national importance as its impact is localized to the petitioner's specific clients.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to establish he is well-positioned due to unresolved inconsistencies in his professional history and business claims.

3 Waiver of Job Offer and Labor Certification Not Met

The petitioner did not demonstrate that, on balance, it would be beneficial to the U.S. to waive the requirements.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong, as the benefits were limited to specific clients rather than the industry at large. Additionally, the petitioner failed to resolve material inconsistencies regarding the timeline and nature of his business relationships with clients like Titan Florida. The evidence provided, including a business plan projecting 14 employees and an expert letter from a professor, was deemed insufficient or speculative.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence of eligibility under the Dhanasar framework. The petitioner submitted a business plan and professional declaration, but these introduced further inconsistencies.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorWaiver of Job Offer and Labor Certification

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: 2022-10-05.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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