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dismissed EB-2 (NIW)

Architect/Entrepreneur

Architecture · 2024-12-11

Decision Date
2024-12-11
Location
Massachusetts
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 operate an architecture firm specializing in providing architecture and interior design services across U.S. territory, catering to the specific needs of individuals and businesses. The firm aims to strengthen the U.S. economy and create direct and indirect jobs.

Framework Evaluation

0 of 3 criteria met
1 Whether the proposed endeavor has substantial merit and national importance. Not Met

USCIS found the proposed endeavor had substantial merit but lacked national importance, as the Petitioner did not demonstrate how its impact would extend beyond clients to enhance societal welfare on a broader scale or provide substantial positive economic effects for the U.S.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. Although the endeavor was acknowledged to have substantial merit, the Petitioner did not sufficiently explain how her projected 33 direct jobs and 165 indirect jobs, or $2,427,337.50 in revenue by the fifth year, would rise to the level of national importance or substantial positive economic effects. The argument regarding operating within a HUBZone was also not persuasive due to insufficient information on SBA parameters and the Petitioner's eligibility.

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: 2024-12-11.

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

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