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dismissed EB-2 (NIW) RFE Issued

Safety Engineer

Safety Engineering · 2024-04-24

Decision Date
2024-04-24
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 proposed to work as a safety engineer for an American company to fill a vacant position. Later, the endeavor shifted to an entrepreneurial venture involving a consultancy to provide business growth, marketing strategies, and safety expertise to various entities.

Framework Evaluation

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

The petitioner failed to provide a consistent description of the endeavor, preventing a meaningful analysis of its merit or importance.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to state new facts or provide new evidence for a motion to reopen, and failed to identify an incorrect application of law or policy for a motion to reconsider. The AAO found that the petitioner materially changed the proposed endeavor from a job-seeking role to an entrepreneurial consultancy after the initial filing, which is not permitted under Matter of Izummi.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought clarification on the endeavor; the petitioner responded by changing the nature of the work from employment to a business consultancy.

RFE Targets
Substantial Merit and National Importance

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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: 2024-04-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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