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dismissed EB-2 (NIW)

Civil Engineer And Entrepreneur

Civil Engineering And Construction · 2024-08-29

Decision Date
2024-08-29
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 a limited liability company offering construction management and engineering consulting services. This endeavor aims to reduce building and project costs, enhance the competitiveness of U.S. companies, and contribute to providing affordable housing for U.S. citizens while ensuring good returns for U.S. developers.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit based on the business plan and articles on civil engineering and construction. However, it failed to establish national importance as its potential impact on U.S. workers, economic effects, or broader field influence was not deemed significant enough.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of his specific endeavor. While the proposed endeavor had substantial merit, the projected job creation (13 in year 1, 167 in year 5) and economic impact (net income increasing to $1,163,845 in year 5, $2,364,559 in taxes over five years) were deemed not substantial enough relative to the construction industry's scale ($1.9 trillion revenue, 9 million employees). Expert letters did not specifically address the proposed endeavor's broader impact, and the business plan did not align with claims of assisting U.S. companies in Brazil and Latin America.

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: 2024-08-29.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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