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dismissed EB-2 (NIW) RFE Issued

Industrial Engineer

Management Consulting Industry · Colombia · 2024-04-02

Decision Date
2024-04-02
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 intends to provide process improvement and business consulting services to companies in various industries, primarily focusing on the aviation, retail, food production, and manufacturing sectors. He plans to initially seek employment in these sectors before transitioning to an independent consultant role to help companies increase efficiency and profitability.

Framework Evaluation

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

The Director found the Petitioner well-positioned based on his background and qualifications.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance due to a lack of evidence regarding broad industry impact or significant economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the first Dhanasar prong regarding national importance. Although he holds an advanced degree and has experience in the aviation sector, his business plan lacked specific projections for job creation or revenue, and he did not demonstrate that his work would have a broad impact on the industry or the U.S. economy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence of the endeavor's national importance; the Petitioner responded with a business plan and industry data.

RFE Targets
Substantial Merit and National Importance

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: 2024-04-02.

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

Related Pages

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

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