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dismissed EB-2 (NIW) RFE Issued

Operations Manager And Marketing Developer

Swimming Pool Construction Industry · 2024-09-05

Decision Date
2024-09-05
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 establish a company delivering specialized civil engineering services in the swimming pool construction industry in the United States. This involves replicating an established modular system from Brazil, outsourcing manufacturing, and monitoring market development. The system aims to offer cost savings, add value to properties, stimulate the economy through job creation and local supplier support, and could be adapted for emergency water storage.

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 failed to demonstrate national importance. The Petitioner did not show broad national economic effects or implications beyond his company and customers, despite arguments about STEM and government alignment.

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 substantial positive national economic effects or broad implications beyond the Petitioner's company and customers. The argument that the endeavor is in a STEM field and aligns with government initiatives was considered, but USCIS found the Petitioner had not shown the endeavor aims to advance STEM technologies and research with broad implications, rather than simply working within a STEM profession. The Director's decision on national importance was adopted and affirmed.

Request for Evidence (RFE)

Unsuccessfully Addressed

An RFE was issued, and the Petitioner submitted an updated business plan in response. The RFE likely targeted the national interest waiver criteria, specifically the national importance of the proposed endeavor, as the Director's denial after the RFE still focused on this point.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Patents
Media Coverage
Reference Letters Dependent
Original Contributions
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
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

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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