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dismissed EB-2 (NIW)

Entrepreneur And Chief Executive Officer

Construction Sector · 2025-02-25

Decision Date
2025-02-25
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 that delivers essential construction and architectural solutions, including the production and sale of precast concrete and outdoor flooring materials. The endeavor aims to enhance the entrepreneurial ecosystem in the U.S. construction sector.

Framework Evaluation

1 of 3 criteria met
1 The noncitizen is well positioned to advance the proposed endeavor. Met

The Director determined the Petitioner is well-positioned to advance the proposed endeavor, and the AAO did not overturn this finding.

2 The proposed endeavor has both substantial merit and national importance. Not Met

USCIS found the proposed endeavor has substantial merit but did not establish national importance, as the economic benefits were not shown to rise to the level of "substantial positive economic effects" contemplated by Dhanasar.

3 On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Not Met

The Director determined the Petitioner did not establish that, on balance, it would benefit the United States to waive the job offer requirement. The AAO reserved judgment on this prong.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While the Director found substantial merit and that the Petitioner was well-positioned, the Petitioner did not provide sufficient detail or evidence to support projected job creation (13 direct, 23 indirect) or revenue forecasts ($5,000,000 by 2024) to show substantial positive economic effects. The alignment with national priorities like advanced manufacturing and infrastructure resilience was deemed insufficient without broader impact beyond specific clients.

Evidence

Evidence Types
Reference Letters Dependent
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: 2025-02-25.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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