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dismissed EB-2 (NIW)

Production Engineering Consultant

Production Engineering · 2024-09-24

Decision Date
2024-09-24
Location
Florida
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 provide production engineering consulting services to small and medium-sized companies, aiming to optimize production, create financial bridges, stimulate economic development, and offer environmentally friendly manufacturing solutions. The endeavor is based in Florida and intends to offer jobs and training to U.S. workers.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to establish its national importance, which is a necessary component of this prong.

2 Petitioner is well-positioned to advance the endeavor Not Met

The AAO declined to address this prong, stating that the Director had found it met, but this was not dispositive for the AAO's decision due to the failure on Prong 1.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The AAO declined to address this prong, as the failure to meet the first prong was dispositive of the petition.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to establish that the proposed endeavor has national importance, which is a key component of the first Dhanasar prong. While the endeavor was found to have substantial merit, the petitioner did not demonstrate how it would benefit an economically depressed area, substantially affect the national economy, or advance the production engineering field beyond general benefits. The AAO declined to address the second and third Dhanasar prongs as the failure to meet the first prong was dispositive.

Evidence

Evidence Types
Articles
Occupational Outlook Handbook
Original Contributions

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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: 2024-09-24.

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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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