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 create a company offering diagnosis, construction, commissioning, and consulting services for LOGISTIC STORAGE CENTERS of materials, supplies, raw materials, and food to the community of Florida. The company aims to control inventories through personalized diagnosis of inventory, existence, and stock management according to each company's needs, with a goal to be the leading network in Florida by 2028.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The Director found substantial merit but did not discuss national importance. The AAO declined to make a finding on this prong, thus it is not considered met in the final decision.
2The individual is well-positioned to advance their proposed endeavorNot Met
The Petitioner failed to demonstrate being well-positioned, lacking a detailed business plan, progress towards goals, and sufficient interest from relevant entities, despite past construction experience.
3On balance, waiving the job offer requirement would benefit the United StatesNot Met
The Director concluded that the Petitioner had not established that waiving the job offer would benefit the United States. The AAO declined to make a finding on this prong, thus it is not considered met in the final decision.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to satisfy the second prong of the Dhanasar framework, not demonstrating he was well-positioned to advance the proposed endeavor. The Director's RFE specifically targeted prongs two and three, and the Petitioner's response did not provide sufficient evidence of a detailed business plan, progress towards goals, or interest from potential customers/investors. The AAO declined to reach findings on the first and third prongs.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE targeted the second and third Dhanasar prongs, requesting evidence to show the Petitioner was well-positioned to advance the endeavor and that a waiver would benefit the U.S. The petitioner responded with a business plan, letters of interest, and documentation of past contracts and academic records, but these were deemed insufficient.
RFE Targets
The individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States
The petitioner proposes to operate a civil engineering company in Florida specializing in building screen enclosures, sunrooms, and porch enclosures, while also providing consulting, advisory services for high-end condominiums, and training courses for professionals in civil engineering and architecture.
The Petitioner intends to continue to work as a civil engineer and construction manager in the United States. He plans to develop and implement innovative technologies and construction methods, including in disaster-resilient and durable infrastructure fields, and use new materials he claims will enhance efficiency and reduce construction waste in an environmentally safe and sustainable manner.
The petitioner proposes to create a company specializing in architectural design, construction, and consulting services for renovations and new residential and commercial real estate ventures. The company aims to address the housing crisis in the United States by providing high-quality housing options to increase the availability of residential units.
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.
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.
