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dismissed EB-2 (NIW)

Health And Safety Specialist

Manufacturing And Industrial Sectors · 2025-04-15

Decision Date
2025-04-15
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 work as a health and safety specialist providing services to U.S. enterprises and government institutions, focusing on risk compliance and safety regulations. He also intends to develop a comprehensive safety app featuring interactive training modules, real-time hazard alerts, and safety games to modernize hazard management in the manufacturing sector.

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 skills and experience.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of prospective impact at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the record failed to show how his work or safety app would impact the industry on a national scale rather than just serving individual clients. Additionally, the petitioner's claims of job creation (263 past jobs and 16 projected) were not substantiated as being directly attributable to his specific endeavor or significant enough for national impact.

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: 2025-04-15.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 1

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

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