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dismissed EB-2 (NIW)

Electrical Project Engineer

Manufacturing Sector, In Order To Reduce Costs, Create Jobs, And Increase Profitability · 2024-08-15

Decision Date
2024-08-15
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 an electrical project engineer, directing and advising engineering activities in the manufacturing sector. The goal is to reduce costs, create jobs, and increase profitability within this sector.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well-positioned to advance the endeavor Met

The Director concluded the petitioner was well-positioned to advance the endeavor. The AAO did not dispute this finding but did not elaborate due to the failure on Prong 1.

2 Proposed endeavor has substantial merit and national importance Not Met

The Director found the endeavor had substantial merit but lacked national importance. The AAO affirmed this, stating the petitioner did not show broader impact beyond her direct clients.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director determined the petitioner did not establish that, on balance, waiving the job offer would benefit the U.S. The AAO did not conduct further analysis on this prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under Dhanasar's first prong. While the Director found substantial merit and that the petitioner was well-positioned, the national importance was not demonstrated. The AAO affirmed that the claimed benefits (job creation, improved wages, increased revenue, investments) were not shown to impact the industry beyond the petitioner's employer or clients, thus lacking broader national implications.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-08-15.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

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