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dismissed EB-2 (NIW) RFE Issued

Project Manager

Oil And Gas Industry · Brazil · 2024-01-22

Decision Date
2024-01-22
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 a project manager in the U.S. oil and gas industry, either as a consultant providing advice to companies or as an employee in a multinational firm. He intends to perform roles in the offshore oil and gas market and eventually transition into an executive or senior management role within a renewable offshore energy company.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to the importance of the oil and gas industry, but lacks national importance as the specific prospective impact was not demonstrated.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his specific endeavor, relying instead on the general importance of the oil and gas industry. Although he qualified for EB-2 status with a foreign bachelor's degree and five years of experience, his proposed plans were deemed inconsistent and lacked evidence of broader implications beyond his immediate employers or clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to show the endeavor's national importance and the Petitioner's positioning; the Petitioner provided industry articles and personal statements.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Original Contributions

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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: 2024-01-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

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 EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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