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dismissed EB-2 (NIW)

Process Engineering Project Manager

Process Engineering ยท 2024-10-17

Decision Date
2024-10-17
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's proposed endeavor involves business process management and process engineering, with the petitioner claiming it will contribute to the field and have far-reaching implications for the national economy and community well-being on a national scale.

Framework Evaluation

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

USCIS found that the petitioner failed to establish that the proposed endeavor had substantial merit and national importance, as the submitted evidence focused on the general field rather than the specific impact of the petitioner's work.

2 Proposed endeavor is well-positioned to advance the proposed endeavor Not Met

The petitioner failed to establish that the proposed endeavor is well-positioned to advance, as the evidence did not sufficiently detail the specific endeavor or its broader implications.

3 It would be beneficial to the United States to waive the job offer and labor certification requirements Not Met

The petitioner failed to establish that it would be beneficial to the United States to waive the job offer and labor certification requirements, given the deficiencies in demonstrating substantial merit and national importance.

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. USCIS found the evidence deficient, specifically noting that the personal statement and expert opinion focused on the general value of business process management and project managers rather than the specific national importance of the petitioner's endeavor. Submitted articles also failed to address the specific endeavor. The petitioner did not provide sufficient evidence to support claims of national economic impact or overcome previously noted deficiencies.

Evidence

Evidence Types
Reference Letters Independent
Peer Reviewed Publications

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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: 2024-10-17.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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