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dismissed EB-2 (NIW) RFE Issued

Manufacturing Engineering Manager

Mechanical And Electrical Engineering · 2023-10-30

Decision Date
2023-10-30
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 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.

Framework Evaluation

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

The Director determined the petitioner was well-positioned based on his academic and experiential qualifications.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or broad prospective impact.

3 On Balance Benefit to US Not Met

The petitioner did not establish that waiving the job offer requirement would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific endeavor under the first Dhanasar prong. While he is an advanced degree professional and well-positioned (prong 2), his plan lacked evidence of broad industry impact or significant job creation, focusing instead on the general importance of the manufacturing industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the endeavor. The petitioner provided a personal plan and industry data, but failed to resolve inconsistencies regarding his status as a business owner.

RFE Targets
Substantial Merit and National Importance

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: 2023-10-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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