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dismissed EB-2 (NIW) RFE Issued

Radio Frequency Engineer

Wireless Engineering And Communication Field · 2024-08-06

Decision Date
2024-08-06
Location
Massachusetts
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 initially proposed to work as a radio frequency engineer. Later, in response to an RFE, she indicated an intention to establish her own wireless network design consulting firm in Massachusetts. The AAO only considered the initial proposed endeavor of providing radio engineering services.

Framework Evaluation

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

The Director and AAO agreed that the petitioner established the substantial merit of the proposed endeavor but failed to establish its national importance. The evidence did not show how her specific professional services had broad implications for the country.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her specific proposed endeavor under the first prong of the Dhanasar framework. While the substantial merit was acknowledged, the evidence, including an expert letter from Dr. Chairman of the Manufacturing Engineering Department, did not sufficiently demonstrate broader national implications beyond the general importance of the telecommunications industry. Additionally, the AAO found a material change in the proposed endeavor from working as an engineer to owning a consulting firm, and thus only considered the initial proposal.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification or additional evidence regarding the proposed endeavor, leading the petitioner to indicate a material change in her plans to establish a consulting firm. The RFE also implicitly targeted the national importance aspect of Prong 1, which the petitioner failed to adequately address.

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

Evidence

Evidence Types
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: 2024-08-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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