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dismissed EB-2 (NIW)

Chief Executive Officer

Architecture, Urban Planning, And Sustainability Consulting Business · 2024-09-17

Decision Date
2024-09-17
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 establish an architecture, urban planning, and sustainability consulting business in Florida, serving as its chief executive officer. The business would focus on project management for government and private construction projects, particularly renovations of aging public school buildings, by implementing resilient urban strategies that emphasize sustainability, advanced technologies, and environmentally conscious spaces.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The AAO agreed with the Director that while the proposed endeavor had substantial merit, the Petitioner did not establish that it was of national importance, as the evidence did not show a potential prospective impact beyond her business and clients.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director determined the Petitioner was not well-positioned to advance the proposed endeavor. The AAO declined to reach arguments regarding this prong.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that waiving the job offer would not benefit the U.S. The AAO declined to reach arguments regarding this prong.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that her proposed endeavor had national importance under the first prong of the Dhanasar framework. While the endeavor had substantial merit, the evidence did not sufficiently demonstrate a potential prospective impact beyond her business and clients, nor did it show substantial positive economic effects at a national level. The business plan projected hiring 22 direct employees and 43 indirect jobs, and paying over $700,000 in taxes over five years, but the basis for these projections was not sufficiently detailed or corroborated to meet the national importance threshold. The AAO declined to rule on Prongs 2 and 3 as the failure on Prong 1 was dispositive.

Evidence

Evidence Types
Original Contributions
Government Alignment
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: 2024-09-17.

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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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