dismissed EB-2 (NIW) RFE Issued

Project Manager

Project Management In The Transportation Industry ยท 2024-06-27

Decision Date
2024-06-27
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 a project manager for various railway companies, specifically focusing on the bidding and procurement of government contracts. He aims to use technical skills to understand maintenance needs of transit agencies and propose production solutions for rail maintenance and development.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The petitioner did not identify a specific endeavor, providing only general statements about the transportation industry without showing broader national implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to identify a specific proposed endeavor or establish its national importance under the first Dhanasar prong. The record lacked details on the scope of work, specific projects, or a viable business model with supported revenue and staffing projections. Consequently, the AAO declined to rule on the second and third prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought evidence for EB-2 classification and the Dhanasar framework; the petitioner provided a business plan and past railway contracts, but they lacked prospective detail.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-06-27.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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