dismissed EB-2 (NIW)

Entrepreneur In The Field Of Architecture

Architecture · 2024-06-06

Decision Date
2024-06-06
Location
New Jersey
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 develop and operate an architectural consultancy and construction management company in the United States. The endeavor aims to attract investors to economically distressed areas and ease the housing shortage in New Jersey.

Framework Evaluation

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

The endeavor was found to have substantial merit, but the petitioner failed to establish its national importance.

Why This Petition Was Denied

The appeal and subsequent motions were dismissed because the petitioner failed to establish the national importance of the endeavor under Dhanasar's first prong. Specifically, the business plan's projections of creating 44 jobs and $8,199,873 in salaries were not sufficiently corroborated with probative evidence, and the impact was deemed limited to the petitioner's clients rather than the industry or economy at large.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Business Plan

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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: 2024-06-06.

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At a Glance

Outcome dismissed
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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