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dismissed EB-2 (NIW)

Petroleum Engineer

Petroleum Engineer, Energy Industry · 2024-10-31

Decision Date
2024-10-31
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 develop a web education platform for the energy industry through his company. This platform aims to educate the energy industry workforce by providing courses created by experts to help individuals develop professional skills and close skill gaps, particularly in the U.S. energy sector.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit (developing a web education platform for the energy industry) but failed to demonstrate national importance, as its broader implications for the field or U.S. economy were not established.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, specifically the national importance aspect. USCIS found that the petitioner did not demonstrate how the proposed web education platform would have broader implications or substantial positive economic effects beyond benefiting prospective students. Financial projections of $440K in year 1 to $53M in year 5 lacked corroborating evidence and significance to the national economy.

Evidence

Evidence Types
Original Contributions
Government Alignment
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: 2024-10-31.

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At a Glance

Outcome dismissed
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

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