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dismissed EB-2 (NIW) RFE Issued

Construction Estimator And Construction Supervisor

Construction, Infrastructure, And Affordable Housing · 2023-04-13

Decision Date
2023-04-13
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 work as a construction estimator, supervisor, and contractor consultant, eventually establishing an architectural, engineering, and construction firm. His work focuses on impact projects such as schools, housing, medical centers, roads, and bridges.

Framework Evaluation

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

The petitioner showed the industry was important but did not show his specific endeavor would have a national impact or substantial economic effect.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not satisfy the first prong of the Dhanasar framework, failing to show the national importance of his specific endeavor. While the construction industry is important, the petitioner did not provide evidence of projected job creation or substantial economic effects. Additionally, the petitioner lacked the specific engineering or architectural qualifications claimed in his RFE response.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for more detail on the endeavor; the petitioner redefined his role as an architectural and engineering manager, but failed to prove he had the credentials for that role.

RFE Targets
Substantial Merit and National Importanceprong 2

Evidence

Evidence Types
Reference Letters Dependent
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: 2023-04-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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