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dismissed EB-2 (NIW) RFE Issued

Quality Engineer

Quality Engineering Industry ยท 2025-01-25

Decision Date
2025-01-25
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 initially indicated a desire to work as a quality engineer, providing support as a Subject Matter Expert (SME) on quality, layout, and engineering methods, and performing as a consultant developing strategies for improving the American Education System. In response to an RFE, she clarified her endeavor as the creation of a consulting company to provide quality engineering services to organizations aiming to enhance their quality management practices.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director determined that the petitioner was well-positioned for the proposed endeavor.

2 The proposed endeavor has both substantial merit and national importance Not Met

The AAO found that while the endeavor had substantial merit, the petitioner did not establish its national importance, as the projected economic impact and job creation were not supported by sufficient probative evidence.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that the petitioner had not established it was in the best interest of the United States to waive the job offer and labor certification requirements. The AAO reserved its opinion on this prong, but the overall decision was dismissal due to Prong 1.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of her proposed endeavor under the first prong of the Dhanasar framework. Despite projecting the creation of eight jobs by year five and asserting economic benefits, the business plan and expert opinions lacked probative evidence to support the credibility of growth estimates or to show that the specific consultancy services would have a significant economic impact rising to the level of national importance. The AAO found Prong 1 (national importance) unmet and reserved opinion on Prong 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested information on the petitioner's specific proposed endeavor, her position to advance it, and the benefit of waiving the job offer. The petitioner responded by clarifying her endeavor as a consulting company and providing a business plan and personal statement.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Reference Letters Dependent
Business Plan Documentation
Personal Statements
Articles Documentation

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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: 2025-01-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

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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