dismissed EB-2 (NIW) RFE Issued

Architect

Architecture Or Construction Field · Colombia · 2024-05-28

Decision Date
2024-05-28
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 help build affordable and disaster-resilient housing in the United States, initially in Florida, by using computer-assisted design (CAD) and building information modeling (BIM) to develop new housing and enhance existing structures to withstand extreme weather events.

Framework Evaluation

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

The endeavor has substantial merit due to the need for affordable and resilient housing, but lacks national importance as the petitioner did not show a broad impact on the field or economy.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his proposed endeavor. Although the endeavor has substantial merit, the evidence did not demonstrate that the petitioner's specific work would result in a nationally important impact or significant economic benefits beyond his own business and clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE focused on the national importance of the endeavor. The petitioner responded with evidence of federal funding for climate disasters, but the AAO found this did not link his specific venture to a national impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
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: 2024-05-28.

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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 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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