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dismissed EB-2 (NIW)

Civil Engineer

Construction Management Business · 2024-11-05

Decision Date
2024-11-05
Location
Florida, USA
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 manage a construction management business in the state of Florida, whose services will have sustainability at its core and will help real estate developers of residential and commercial buildings and construction companies efficiently plan and develop high-profile projects and implement sustainable techniques.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

USCIS found that the petitioner did not establish the national importance of his proposed endeavor, as his arguments focused on the importance of the field rather than the specific endeavor's broader implications, and his business plan did not sufficiently demonstrate significant job creation or substantial positive economic effects.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. Specifically, USCIS found that the petitioner did not demonstrate the national importance of his proposed endeavor (Dhanasar Prong 1), as his arguments focused on the importance of the field rather than the specific endeavor's broader implications. His business plan, projecting 17 full-time employees over five years and an initial investment of $50,000, was deemed insufficient to show significant job creation or substantial positive economic effects as contemplated by Dhanasar.

Evidence

Evidence Types
Industry Reports
Business Plan
Letters Of Intent
Letters Of Interest

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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: 2024-11-05.

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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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