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dismissed EB-2 (NIW) RFE Issued

Senior Technical Manager Of Engineering And Processes

U.S. Mining Industry · 2024-04-08

Decision Date
2024-04-08
Location
Florida
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 serve as a Senior Technical Manager of Engineering and Processes at a newly created consulting company for the U.S. mining industry. The endeavor involves providing innovative and sustainable technological solutions and aiding American companies in expanding to the Latin American mining market.

Framework Evaluation

1 of 3 criteria met
1 Well Positioned to Advance the Endeavor Met

The petitioner's academic and work history established that they are well positioned to advance the endeavor.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or broader implications for the field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that a waiver would be beneficial to the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the petitioner is well-positioned (Prong 2), the proposed creation of 4 direct and 16 indirect jobs was not substantiated as having a significant economic impact, and the consulting work was deemed to benefit only specific clients rather than the field at large.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE focused on the national importance of the endeavor. The petitioner responded by highlighting a potential branch in New Mexico and projected job creation.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent

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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: 2024-04-08.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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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