dismissed EB-2 (NIW)

Electrical Engineer

U.S. Auto Industry · 2025-01-08

Decision Date
2025-01-08
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 continue his work maintaining state-of-the-art optical coordinate measurement machines for the U.S. auto industry to reduce carbon emissions and mitigate climate change.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The AAO found that while the Director determined the endeavor had substantial merit, the petitioner failed to establish its national importance, as the evidence did not show broader implications beyond the petitioner's clients.

2 The individual is well-positioned to advance the proposed endeavor Not Met

The Director concluded that the record did not satisfy the second Dhanasar prong, and the AAO reserved opinion on this prong.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded that the record did not satisfy the third Dhanasar prong, and the AAO reserved opinion on this prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that the proposed endeavor has national importance, as required by the first Dhanasar prong. The generalized information regarding fuel economy standards and public health did not demonstrate how the petitioner's specific work as an independent contractor would have national or global implications, create U.S. jobs, or have substantial positive economic effects beyond his direct clients. The AAO reserved opinion on the second and third Dhanasar prongs.

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: 2025-01-08.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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