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dismissed EB-2 (NIW) RFE Issued

Entrepreneur / Founder And Chief Executive Officer

Architectural Field Providing Construction Management Services · 2024-05-13

Decision Date
2024-05-13
Location
Maryland
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 own and operate an architectural firm providing full-service construction management consulting and home improvement projects. As CEO, the petitioner would coordinate operational, commercial, and financial strategies while monitoring revenue and organizational compliance. The endeavor aims to expand operations nationally and utilize technology within the housing industry.

Framework Evaluation

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

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

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of Dhanasar. Although the endeavor had substantial merit, the projected creation of 43 jobs and $3.4 million in total tax revenue over five years was deemed insufficient to show a substantial prospective economic effect. Additionally, the petitioner's qualifications and past experience were noted as more relevant to the second prong rather than proving the national importance of the work itself.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence for all three Dhanasar prongs; the petitioner responded with a business plan, industry reports, and various letters of support.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

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: 2024-05-13.

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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

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

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