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dismissed EB-2 (NIW) RFE Issued

Civil Engineer/ Entrepreneur

Construction And Engineering Services Industry · Brazil · 2024-07-29

Decision Date
2024-07-29
Location
United States
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 and expand an engineering consulting and project management firm focusing on providing civil engineering and project management services to U.S. companies within the construction sector.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the business projected $8.94 million in revenue and 35 jobs over five years, these figures were considered insufficient to impact the $236.2 billion construction management industry nationally. The AAO found the impact to be localized rather than having broader implications for the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner provided industry reports on the construction sector and economic benefits of immigrant entrepreneurs.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Business Plan
Industry Reports

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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: 2024-07-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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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