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dismissed EB-2 (NIW)

Power Systems Engineer

Power Systems Engineer · 2024-09-18

Decision Date
2024-09-18
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 work as an electrical engineer specializing in power systems. The endeavor involves work in power systems, which the petitioner argues advances U.S. strategic interests in energy sustainability and infrastructure development.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

USCIS concluded that the Petitioner did not establish that his proposed endeavor has national importance and thus, did not meet the national importance requirement of the first prong of the Dhanasar framework. Unlike the scientific researcher in Dhanasar, the Petitioner did not demonstrate that his proposed endeavor offers broader implications in his field.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The AAO concluded that the Petitioner did not demonstrate that his proposed endeavor had national importance, failing to meet the first prong of the Dhanasar framework. The Petitioner's evidence, including a personal statement and expert opinion letter, was deemed insufficient to show broader implications in his field compared to the precedent set by Dhanasar.

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
Government Alignment

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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: 2024-09-18.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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