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dismissed EB-2 (NIW) RFE Issued

Civil Engineer And Project Manager

Construction And Development Of Industrial, Residential Building, And Infrastructure Projects · 2024-07-15

Decision Date
2024-07-15
Location
Utah
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 project management consulting company in Utah focused on the construction and development of industrial, residential, and infrastructure projects. The endeavor aims to standardize processes and improve project management practices to enhance efficiency and profitability in the construction sector, particularly for affordable housing.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of prospective impact rising to the level of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first Dhanasar prong regarding national importance. While the endeavor had substantial merit, the record lacked evidence of secured investment funds to support projected job creation (5 workers in 5 years) or significant regional economic impact, with personal bank statements showing only $11,000 against a $1.5 million expense forecast.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence demonstrating the national importance of the proposed endeavor. The petitioner responded with a business plan and expert letters which were deemed insufficient to show substantial economic impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Government Alignment

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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: 2024-07-15.

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At a Glance

Outcome dismissed
RFE Issued
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

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