dismissed EB-2 (NIW)
Civil Construction Project Manager Engineer
Civil Construction ยท 2024-08-22
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 a Florida-based construction and remodeling company, providing services to residential and commercial property owners. The endeavor aims to ensure clients' projects are profitable, with high quality, operational, and environmentally sustainable standards.
Framework Evaluation
0 of 3 criteria met1 The proposed endeavor has both substantial merit and national importance Not Met
The endeavor was found to have substantial merit, but the Petitioner failed to demonstrate its national importance or broader implications beyond direct clients and employees.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the Petitioner did not demonstrate how her business would broadly influence the civil engineering field or provide substantial positive economic effects beyond her specific clients and employees. The business plan's projected sales of $972,000 in year 1 to $1,348,000 in year 5 and the creation of 3 positions by year 5 were not shown to have a national impact or significant economic benefits. Client letters discussed prior work but did not demonstrate broader impact.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-22.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2
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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