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dismissed EB-2 (NIW) RFE Issued

Design Specialist

Oil And Gas Industry · Mexico · 2024-06-11

Decision Date
2024-06-11
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 redesign wastewater collection wells used in hydraulic fracturing (fracking) to prevent aquifer contamination by moving injection positions away from producing formations. He also intends to work as a design specialist or create a company to implement advanced drilling and production techniques that minimize waste and improve economic returns.

Framework Evaluation

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

The petitioner failed to clearly define the nature of the endeavor and provided inconsistent information regarding its location and his specific role.

Why This Petition Was Denied

The appeal was dismissed because the petitioner provided inconsistent information regarding the location and nature of the endeavor, failing to satisfy Prong 1. Specifically, the record lacked details on his specific role in the projects, the novelty of his techniques, and failed to provide data showing substantial positive economic effects or job creation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a more detailed description of the endeavor. The petitioner responded with a one-paragraph explanation and a personal statement changing the project location to Texas.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-06-11.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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