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dismissed EB-2 (NIW) RFE Issued

Electrical Engineer And Project Manager

Renewable Energy · 2024-10-29

Decision Date
2024-10-29
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 continue working as an electrical engineer and project manager, engaging in the engineering design, development, and construction of renewable energy generation systems. This endeavor aims to improve efficiency and reliability in electricity and energy grid capacity.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well positioned to advance the proposed endeavor Met

The Director found, and the AAO did not dispute, that the Petitioner is well-positioned to advance his endeavor.

2 Proposed endeavor has both substantial merit and national importance Not Met

The AAO concluded that the record did not establish that the proposed endeavor has national importance, lacking evidence of significant potential to employ U.S. workers, substantial positive economic impact, or broad industry impact.

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

The Director determined that the evidence did not satisfy Dhanasar's third prong, a finding that was not further addressed by the AAO as the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that his proposed endeavor had national importance under Dhanasar's first prong. The record lacked specific, probative evidence of the endeavor's potential to employ U.S. workers, its substantial positive economic impact, or its broad impact on the industry beyond his potential employer and clients. The decision emphasized that the importance of the industry or the petitioner's qualifications alone does not equate to national importance of the specific endeavor.

Request for Evidence (RFE)

Successfully Addressed

The RFE targeted the vagueness of the proposed endeavor, which the Director initially found to impede Dhanasar evaluation. The AAO, however, concluded the endeavor was sufficiently detailed and did not further address this specific RFE point, effectively resolving it favorably.

RFE Targets
Proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Government Alignment
Academic Credentials
Industry Reports

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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: 2024-10-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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