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 in the United States in the field of engineering and manufacturing management, specifically glass production, as a General and Operations Manager. This role involves identifying areas for improvement in production and reducing development costs.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 exceptional ability classification by not satisfying at least three of the six regulatory criteria. Specifically, the Aeronautical Engineering degree was not shown to directly relate to manufacturing, the engineering license was not required for the proposed role, the professional association (ABRAMAN) was not proven to be professional in nature, and claims of recognition (book publication, YouTube live stream, international projects) lacked supporting evidence such as sales figures, citations, or metrics of influence. Consequently, the national interest waiver under Dhanasar was not evaluated.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence and clarification on how the petitioner's academic degree related to manufacturing, whether the engineering license was required for the general and operations manager role, if ABRAMAN qualified as a professional association, and concrete evidence of recognition for achievements and significant contributions to the manufacturing industry. The petitioner responded with an academic transcript, an appendix to an expert opinion letter, and a screenshot of his book on Amazon, but these were deemed insufficient to address the concerns.
The petitioner proposes to provide expert manufacturing engineering services to companies as a plant and site engineering manager. He also initially claimed an intention to operate as an independent business owner in the field of mechanical and electrical engineering.
The petitioner proposes to continue her career in the United States by applying project management and marketing communication strategies to lead opportunities that encourage and strengthen entrepreneurship and innovation. She intends to act as a liaison between GovTech companies, accelerators, and governments to identify areas of opportunity and collaboration, develop strategies to facilitate technology transfer, and create an environment that supports developing and implementing cutting-edge technology in the public sector.
The Petitioner seeks to work as a manufacturing technician, specifically aligning his work with mechanical engineering technology and production operations.
The petitioner proposes to establish a consulting and training company providing advanced services to the U.S. paint manufacturing and packaging sectors. The endeavor aims to enhance operational efficiency, safety, and sustainability while seeking leadership positions in the general and operations sector.
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.
