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dismissed EB-2 (NIW)

Engineer, Project Manager, And Business Owner

Power Engineering And Process Automation · 2024-09-20

Decision Date
2024-09-20
Location
New York and New Jersey
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 continue operating a company in the United States focused on improving the energy efficiency of residential and commercial buildings by reducing energy consumption of utility systems, increasing energy efficiency of air conditioning systems, and insulating external structures. The company also aims to improve housing safety by eliminating bacterial/fungal contamination, defining fire safety standards, and increasing safety of combustion product removal systems.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director concluded the petitioner was well-positioned to advance the endeavor, and this finding was not challenged or overturned by the AAO.

2 The proposed endeavor has both substantial merit and national importance Not Met

The AAO agreed the endeavor had substantial merit but found it lacked national importance due to insufficient evidence of broader implications or original innovations beyond the petitioner's business.

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

The Director concluded this prong was not met. The AAO declined to rule on this prong, stating that the finding on Prong 1 was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that his proposed endeavor was nationally important under the first Dhanasar prong. While the endeavor had substantial merit and the petitioner was well-positioned, the AAO found insufficient evidence to demonstrate broader implications or original innovations beyond his business, and general assertions about job growth (estimated 30 jobs by year five) and emissions reductions lacked corroboration. The AAO did not reach a decision on the third prong, as the failure to meet the first prong was dispositive.

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: 2024-09-20.

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At a Glance

Outcome dismissed
Criteria Met 1 / 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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