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dismissed EB-2 (NIW) RFE Issued

Mechanical Engineer

Mechanical Engineering Industry · 2024-01-08

Decision Date
2024-01-08
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 create a mechanical and electrical maintenance services company focusing on equipment such as fillers, tanks, sealers, and packaging machines for mass consumption companies. The endeavor also includes remodeling commercial premises, offices, and apartments, as well as electrical installations.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks evidence of national importance due to a lack of specific operational details and prospective impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first Dhanasar prong regarding national importance. The record lacked specific details such as the number of employees to be hired, wages, or the specific location of operations to prove substantial economic effects or broader implications for the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the petitioner's qualification for EB-2 classification and the national importance of the endeavor; the petitioner resubmitted a generalized professional plan in response.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Government Alignment

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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: 2024-01-08.

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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

Related Pages

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

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