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dismissed EB-2 (NIW)

Project Manager

Mining Industry · 2025-02-18

Decision Date
2025-02-18
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 operate a business providing mining management services in the United States to empower clients to optimize operations in the U.S. mineral and fertilizers mining sector. This includes assisting mining operations in enhancing productivity, adopting sustainable practices, and navigating industry challenges.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Petitioner did not establish that his proposed endeavor had national importance, as the economic activity and job creation projections were not sufficiently explained or shown to have an impact beyond the business's local area. The endeavor also lacked broader implications for the mining and fertilizer industries beyond serving individual clients.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director determined that the Petitioner was not well-positioned to advance the proposed endeavor, and the AAO agreed with this finding by dismissing the appeal.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that waiving the job offer requirement would not benefit the United States, and the AAO agreed with this finding by dismissing the appeal.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. Specifically, the business plan's projection of 12 jobs over five years lacked sufficient explanation and was deemed not to operate on a scale rising to national importance. The evidence did not demonstrate broader implications for the mining and fertilizer industries beyond individual clients, despite the general importance of these fields.

Evidence

Evidence Types
Reference Letters Dependent
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: 2025-02-18.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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