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dismissed EB-2 (NIW)

Industrial Engineer And Entrepreneur

Industrial Sector Of Concrete Pipes And Rainwater Galleries · 2025-02-10

Decision Date
2025-02-10
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 support the growth and popularity of functional paving solutions that serve drainage flooring purposes through the manufacture of high-quality concrete pavers. This venture aims to uphold the United States' standing as a land of opportunity and contribute to the American job market by creating stable, well-paying jobs.

Framework Evaluation

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

The petitioner did not establish that the endeavor had broader implications or offered substantial direct economic benefit commensurate with national importance, despite claims of job creation and alignment with national initiatives.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to provide new facts demonstrating the national importance of his endeavor under Dhanasar's first prong. USCIS found that the proposed hiring of nine employees and the Florida-based operations did not show broader implications commensurate with national importance, nor did the evidence establish substantial direct economic benefit through employment, business activity, or tax revenue. Expert letters were deemed of minimal probative value as they focused on the petitioner's abilities (Prong 2) rather than the endeavor's national importance (Prong 1).

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
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: 2025-02-10.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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