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 submitted a business plan for his proposed company, which would provide comprehensive solutions for manufacturing and industrial operations. The business plan states the company would offer "comprehensive project planning and logistical optimization" which "are vital in furthering industrial productivity and reducing operational costs by facilitating advanced management strategies, fostering scientific innovation, and advocating for cutting-edge logistical techniques." The business plan indicates the company would have a diverse clientele including small businesses, large corporations, and manufacturing plants.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The Director determined the proposed endeavor has substantial merit, which USCIS agreed with. However, the petitioner failed to establish that the endeavor would sufficiently extend beyond his company and its clientele to impact his field or the U.S. economy more broadly at a level commensurate with national importance.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor, thus not meeting the first prong of the Dhanasar framework. While the proposed endeavor had substantial merit, the petitioner did not demonstrate that it would sufficiently extend beyond his company and its clientele to impact his field or the U.S. economy more broadly at a level commensurate with national importance. The business plan projected a net income of $172,060 in the first year, increasing to $2.3 million in the fifth year, and employing 14 people by its fifth year, but USCIS found these figures were not shown to be significant enough to demonstrate substantial positive economic effects or job creation commensurate with national importance. The business plan also did not specify economically depressed areas of operation, demonstrate that its services (such as supply chain optimization, production scheduling, inventory management, process improvement, logistical coordination, project management consulting, data analysis, and customer support) or community involvement initiatives (educational programs, collaborations, community projects, volunteer programs, public seminars) were unique, innovative, or would impact the field or society more broadly.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested evidence to establish eligibility for a national interest waiver. In response, the petitioner submitted a business plan for his proposed company, which outlined its services and projected economic impact and community involvement initiatives.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner proposes to establish a consulting, advisory, and training business in project management focusing on information technology, implementation, and systems management, targeting populations in Florida including economically depressed areas.
The petitioner proposes to work as a Project Manager specializing in ERP (Enterprise Resource Planning) and IT Management using PMI and agile methodologies (Scrum, Kanban). He intends to lead IT teams, support large industrial operations using ERP TOTVS and SAP, and help American companies expand globally through business process transformation.
The petitioner proposes to implement and disseminate an innovative methodology aimed at preventing budgeting excess and optimizing resources in construction projects. This involves refining his methodology and training other professionals to reduce waste and contribute to sustainability benchmarks nationwide.
The petitioner proposes to work as a project manager in the construction field, focusing on the execution of commercial, corporate, and residential projects. He intends to manage projects requiring extensive labor, materials, and equipment to improve standards of living and employment opportunities.
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.
