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dismissed EB-2 (NIW) RFE Issued

Construction Manager

Telecommunications Infrastructure Construction · 2023-11-20

Decision Date
2023-11-20
Location
United States
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 originally proposed to own and operate a telecommunications infrastructure construction business. He later shifted to a role as a construction supervisor for an established U.S. company, focusing on the construction and maintenance of urban structures and telecommunications services.

Framework Evaluation

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

The petitioner failed to establish that the endeavor, whether as a business owner or employee, had the requisite national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under Dhanasar's first prong. The record contained material changes to the proposed endeavor and expert letters that contradicted the petitioner's own business plan regarding the geographic scope of work.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the three-prong framework. The petitioner responded with a new job offer and updated statements, which USCIS deemed a material change that still failed prong 1.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2023-11-20.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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