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 engineer on sustainable and intelligent energy generation, telecommunications systems, and lighting systems. This includes implementing specific energy generation, transmission, and distribution (GTD), internet of things (IoT), global system for mobile communications (GSM), universal mobile telecommunications system (UMTS), and long-term evolution (LTE) technologies. She also plans to provide workshops, lectures, and courses to students and professionals.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The Director and AAO agreed the endeavor had substantial merit but found the Petitioner did not establish its national importance, as its potential impact was not shown to extend beyond her future employers or clients, nor did it demonstrate direct employment of U.S. workers or substantial positive economic effects at a national level.
2The individual is well-positioned to advance their proposed endeavorNot Met
The AAO declined to make a determination on this prong because the first prong was not met, rendering it unnecessary for the decision.
3On balance, waiving the job offer requirement would benefit the United StatesNot Met
The AAO declined to make a determination on this prong because the first prong was not met, rendering it unnecessary for the decision.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish the national importance of her specific proposed endeavor under the first Dhanasar prong. While her work had substantial merit and aligned with national initiatives like sustainable energy, she did not provide evidence that her specific endeavor would have a broader impact beyond her future employers or clients, such as directly employing U.S. workers or creating substantial positive economic effects at a national level. The decision did not reach the second and third Dhanasar prongs.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence regarding the national interest waiver. In response, the Petitioner submitted a Professional Plan outlining the national importance of her work in sustainable energy and telecommunications, claiming job creation and economic benefits. She also included a letter from an expert.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner proposes to provide specialized consultancy services in telecommunications, electrical engineering, and software engineering to impact the U.S. energy industry. The work involves developing innovative product concepts, implementing wireless communication systems, IoT solutions, and sustainable energy technologies to address cybersecurity threats and promote digital inclusion.
The petitioner proposes to work as an electrical engineer in complex energy facilities or establish a technical consulting firm focusing on process safety, reliability engineering, and sustainable energy practices such as decarbonization and energy efficiency.
The Petitioner proposes to continue his work as an electrical engineer, specifically in the development of nuclear and fusion energy, upgrading transmission voltages, and retrofitting aged power plants. This work aims to positively impact the national and/or global energy supply, safeguard against power plant failures, and assist in the transition to cleaner energy.
The Petitioner proposes to continue working as an electrical engineer and project manager, engaging in the engineering design, development, and construction of renewable energy generation systems. This endeavor aims to improve efficiency and reliability in electricity and energy grid capacity.
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.
