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 offer surveying services through his company, including conducting precise measurements, collecting data, and delivering high-quality reports and maps. He also plans to offer training to professionals, engineers, and graduates without surveying experience.
Framework Evaluation
0 of 3 criteria met
1Proposed endeavor has both substantial merit and national importanceNot Met
The Director concluded the proposed endeavor has substantial merit but did not establish national importance. The AAO agreed, finding insufficient evidence that the endeavor's prospective impact rises to the level of national importance.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While the endeavor had substantial merit, USCIS found insufficient evidence of broader implications, significant potential to employ U.S. workers, or substantial positive economic effects for the country. The Petitioner's claims of job creation (16 jobs by year five) and revenue generation ($5,695,000 by year five) were deemed insufficient without corroborating evidence of national impact.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence of the proposed endeavor's national importance, particularly regarding its national or global implications. The petitioner responded with a business plan, industry reports, articles, and bank statements, but these were deemed insufficient to demonstrate national importance.
RFE Targets
Proposed endeavor has both substantial merit and national importance
The petitioner's proposed endeavor involves pursuing a career with the military, specifically in an Information role, with a clear path to the Officer Route. He claims his expertise has benefited various organizations and his work has been used by others without proper credit.
The petitioner initially proposed providing guidance to U.S. multi-national companies regarding cross-border construction transactions in Brazil. She later changed her endeavor to acting as an entrepreneur and CEO of her own company providing construction management, inspection, and maintenance services for buildings and infrastructure in the U.S.
The petitioner proposes to work as an IT Project Manager specializing in Enterprise Resource Planning (ERP) and IT infrastructure projects to improve business communications, controls, and market interaction for U.S. companies.
The petitioner proposes to work as a construction estimator, supervisor, and contractor consultant, eventually establishing an architectural, engineering, and construction firm. His work focuses on impact projects such as schools, housing, medical centers, roads, and bridges.
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.
