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dismissed EB-2 (NIW) RFE Issued

Architect And Urban Planner

Architecture And Urban Development · 2024-05-06

Decision Date
2024-05-06
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 provide consulting services as an architect through her own firm, focusing on interior design and architectural work. The endeavor aims to implement sustainable architecture solutions, drive green building projects, and improve project control to reduce material waste and operating costs.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Met

The endeavor to increase green and sustainable building solutions was found to have both substantial merit and national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not demonstrate a record of success or specific progress, such as U.S. licensure or contracts, to show she is well-positioned.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not satisfy the second Dhanasar prong. While she has over 10 years of experience and a bachelor's degree equivalent, her recommendation letters lacked specific examples of impact on the field, and she failed to show concrete steps toward U.S. licensure or business registration.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence of a business plan and objective contributions to the field. The petitioner provided a five-year business plan and more letters, but failed to show impact on the field as a whole.

RFE Targets
Well-positioned to Advance the Endeavor

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: 2024-05-06.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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