dismissed EB-2 (NIW) RFE Issued

Mechanical Engineer

Mechanical Engineer · 2024-08-26

Decision Date
2024-08-26
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 contribute to the design and development of advanced technologies for building operations, building intelligence systems, and energy-smart building systems. His work involves harvesting and analyzing data from environments to provide solutions for energy savings, comfort, and reliability.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor was described too vaguely to establish its national importance or substantial merit.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to provide meaningful information or detailed plans regarding his specific projects.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not show that waiving the labor certification would benefit the U.S. given the lack of a clearly articulated endeavor.

Why This Petition Was Denied

The appeal was dismissed because the petitioner provided a vague description of the proposed endeavor and lacked detailed evidence regarding planned projects. The USCIS found that all three Dhanasar prongs were not met, as the petitioner failed to establish national importance, his positioning to advance the work, or a balanced benefit to the U.S.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the Dhanasar prongs; the petitioner responded with industry articles and reports that did not specifically reference his own work or endeavor.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Media Coverage

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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: 2024-08-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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