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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer (CEO) And An Entrepreneur

Construction-Related Services · 2024-08-15

Decision Date
2024-08-15
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 company providing construction planning, engineering, supply assessment, logistics, and building assembly outsourcing services. The company will be headquartered in Florida and aims to create jobs and generate tax revenue.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance. Not Met

The Director concluded that the proposed endeavor has substantial merit, but the Petitioner did not establish its national importance due to insufficient evidence regarding broader implications, significant potential to employ U.S. workers, or substantial positive economic effects for the country.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that the proposed endeavor has national importance, which is the first prong of the Dhanasar framework. USCIS found insufficient evidence to corroborate job creation estimates of 25 full-time and 58 indirect jobs by year five, or revenue forecasts of $10.6 million. The decision noted that the importance of the industry itself or a shortage of professionals does not automatically confer national importance to a specific endeavor, and the benefits were not shown to extend beyond the petitioner's customers and employees to enhance societal welfare on a broader scale.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to demonstrate the proposed endeavor's national importance, specifically its broader implications, potential to employ U.S. workers, and impact on societal welfare or economically depressed areas. The petitioner responded with a resume, business plan, professional experience, letters of recommendation, and industry reports, but these were deemed insufficient.

RFE Targets
The proposed endeavor has both substantial merit and national importance.

Evidence

Evidence Types
Business Plan
Reference Letters Dependent
Original Contributions
Commercial Success
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: 2024-08-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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