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dismissed EB-2 (NIW)

Civil Engineer And Entrepreneur

Civil Engineer, Entrepreneur, Construction Management Services · Brazil · 2024-09-30

Decision Date
2024-09-30
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 work as a civil engineer and entrepreneur, operating a company that offers construction management services. The company will focus on providing consulting and management for sustainable construction projects, aiming to enhance efficiency and reduce risks across all stages of construction.

Framework Evaluation

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

The petitioner failed to demonstrate the national importance of her specific endeavor, lacking corroborating evidence to link her company's activities to substantial positive economic effects or broader impact on the construction industry.

2 The individual is well positioned to advance the proposed endeavor. Not Met

The petitioner did not provide sufficient evidence of prior entrepreneurial success, documented progress in establishing her business, or concrete interest from potential investors or customers to demonstrate she is well-positioned to advance her endeavor as an entrepreneur.

3 On balance, waiving the requirements of a job offer and a labor certification would benefit the United States. Not Met

This prong was not evaluated on its merits because the petitioner failed to establish eligibility under the first and second prongs of the Dhanasar framework.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that her endeavor is of national importance (Prong 1) and that she is well-positioned to advance it (Prong 2). While the business plan projected staffing growth from 11 to 30 employees and sales from $1.22 million to $3.39 million over five years, these lacked corroborating evidence. The petitioner also lacked evidence of prior entrepreneurial success, documented progress in establishing the business, or concrete interest from investors/customers.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
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: 2024-09-30.

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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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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