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dismissed EB-2 (NIW)

Entrepreneur /CEO

Renewable Energy · 2024-09-05

Decision Date
2024-09-05
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 build a company specializing in international grade renewable energy feasibility studies and net-zero energy strategies. This endeavor aims to help individual clients and companies achieve goals with clean and renewable resources, reduce greenhouse gas emissions, mitigate global warming effects, and decrease U.S. dependence on foreign oil and gas suppliers, ultimately helping the U.S. achieve a net-zero energy grid.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

USCIS found the proposed endeavor had substantial merit but lacked sufficient evidence to demonstrate national importance, as it did not show a broad impact beyond prospective clients or large-scale economic benefit.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. While the endeavor had substantial merit, the record lacked sufficient evidence to demonstrate a broad impact beyond prospective clients or a large-scale positive economic benefit. The Petitioner's claims of generating 80 jobs and $2,743,424 in tax revenue within five years were noted but lacked specific, probative evidence to support the financial and staffing projections. USCIS declined to evaluate the second and third Dhanasar prongs.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
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: 2024-09-05.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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