dismissed EB-2 (NIW) RFE Issued

Electrical Engineer

Steel Casting Plants / Manufacturing · South Korea · 2025-04-14

Decision Date
2025-04-14
Location
Georgia
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 lead the movement towards smart manufacturing by implementing AI, automation, and industrial IoT in steel casting plants. Specifically, he intends to automate the sampling and measuring of molten steel and implement robotic systems for mold production to increase efficiency and safety.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it does not show broader implications for the industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to substantiate the required five years of progressive post-baccalaureate experience due to material discrepancies in employment letters. Additionally, under the Dhanasar framework, the endeavor failed Prong 1 because it did not demonstrate a prospective impact beyond the petitioner's specific employer or a significant effect on the national economy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the lack of specific signatory details in employment letters and the failure to show how the endeavor would have a broad impact on the field. The petitioner provided updated declarations and expert letters in response.

RFE Targets
Substantial Merit and National Importanceeb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
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: 2025-04-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

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