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dismissed EB-2 (NIW)

CEO

Construction Consulting Services · 2025-02-27

Decision Date
2025-02-27
Location
Massachusetts
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 intends to serve as the CEO of a Massachusetts-based company that will provide construction consulting services focused on efficiency, sustainability and technological integration. The Petitioner aims to offer consulting to improve the implementation of sustainability initiatives in the construction sector, advise construction project professionals on technological developments, and obtain general process improvements.

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 that the endeavor had national importance, as its potential impact was not shown to extend beyond individual clients to the broader construction industry or national economy.

2 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director initially concluded that the petitioner had not shown that a waiver of the job offer requirement would be beneficial. USCIS reserved opinion on this prong due to the failure on Prong 1.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of the proposed endeavor under the first prong of the Dhanasar framework. USCIS found that the record did not show the endeavor would have a broad impact beyond its clientele, nor did it provide sufficient evidence of substantial positive economic effects or significant job creation. The business plan's financial projections (several million dollars in revenue by year five) were deemed insufficiently supported and not substantial compared to the multi-billion/trillion-dollar construction industry. USCIS reserved judgment on the third prong due to the failure on the first.

Evidence

Evidence Types
Reference Letters Independent
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: 2025-02-27.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

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