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dismissed EB-2 (NIW)

Architect

Architect · Brazil · 2024-11-04

Decision Date
2024-11-04
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 start a company offering architectural consulting services, specifically devising, improving, and executing architectural designs intended to reduce pollution and serve low- and medium-income individuals. This endeavor aims to address the national shortage of affordable housing and the need for sustainable architecture in the United States.

Framework Evaluation

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

The petitioner failed to demonstrate that her specific proposed endeavor had substantial positive national economic effects or a potential prospective impact that would rise to the level of national importance, beyond merely working in an important field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first Dhanasar prong, which requires demonstrating that the proposed endeavor has substantial merit and national importance. The Director and AAO found insufficient evidence to show the specific endeavor's potential prospective impact or substantial positive economic effects, despite claims of job creation (7 employees in year 1, 10 by year 5) and projected annual tax revenue ($77,700 in year 1, $140,615 in year 5). The decision noted that merely working in an important field (sustainable and affordable housing) is not enough without specific evidence of the endeavor's broader impact.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2024-11-04.

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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

Related Pages

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

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