dismissed EB-2 (NIW)

Construction Operations Manager

Construction Industry · 2024-05-28

Decision Date
2024-05-28
Location
Florida
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 operate a construction company in Florida providing services such as architectural design, demolition, engineering, remodeling, and structural repairs for single-family homes and commercial spaces to address housing deficits and upgrade residential market values.

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 his endeavor. While he projected creating 8 direct jobs and 15 indirect jobs with $11 million in revenue, these projections lacked supporting detail and did not scale to a level of substantial regional or national economic impact. Expert letters and research focused on the importance of the industry generally rather than the specific prospective impact of the petitioner's individual business.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Business Plan
Expert Letter

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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: 2024-05-28.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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