Security Systems Industry · Kazakhstan · 2024-09-03
Decision Date
2024-09-03
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 intends to work as an electrical engineer and operate his own company that designs, sells, and installs "smart" technology products for homes and offices. This includes integrated systems for automation of electronics like smartphones, appliances, TVs, HVAC, door locks, security monitoring, energy and air quality control, lighting, and sound. The RFE response changed the proposed endeavor to a CEO role.
Framework Evaluation
0 of 3 criteria met
1Proposed endeavor has both substantial merit and national importanceNot Met
The proposed endeavor was found to have substantial merit, but the evidence did not establish national importance, lacking significant potential for U.S. job creation, substantial positive economic impact, or broad industry implications.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to satisfy Dhanasar's first prong regarding national importance. While the endeavor was found to have substantial merit, the record lacked evidence of significant potential to employ U.S. workers, substantial positive economic effects, or broader industry impact beyond the petitioner's business and clientele. The business plan's projections of $600,000 revenue in year one and $5 million by year five, and staffing of 24 employees by year five, lacked corroborating evidence. A foreign patent in Kazakhstan and a U.S. provisional patent application were not shown to have industry-wide impact in the U.S. or relate to the national importance of the proposed endeavor. Additionally, the petitioner did not address the Director's finding that his new role as CEO constituted a material change to the initially proposed endeavor.
Request for Evidence (RFE)
Unsuccessfully Addressed
An RFE was issued concerning a material change in the petitioner's proposed endeavor, shifting from an independent engineer to a CEO role. The petitioner's response did not adequately address the Director's finding that this constituted a material change.
RFE Targets
Proposed endeavor has both substantial merit and national importance
The petitioner proposes to provide specialized consultancy services in telecommunications, electrical engineering, and software engineering to impact the U.S. energy industry. The work involves developing innovative product concepts, implementing wireless communication systems, IoT solutions, and sustainable energy technologies to address cybersecurity threats and promote digital inclusion.
The petitioner proposes to establish a new engineering consulting services company that will provide electrical engineering, electronics, and production processes to other companies and residential customers in the United States. The endeavor includes researching, designing, developing, testing, or supervising the manufacturing and installation of electrical equipment, components, or systems for commercial, industrial, military, or scientific use.
The petitioner proposes to work as an electrical engineer in complex energy facilities or establish a technical consulting firm focusing on process safety, reliability engineering, and sustainable energy practices such as decarbonization and energy efficiency.
The petitioner proposes to work as an electrical project engineer, directing and advising engineering activities in the manufacturing sector. The goal is to reduce costs, create jobs, and increase profitability within this sector.
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.
