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dismissed EB-2 (NIW)

Construction Manager And Civil Engineer

Infrastructure And Project Management Across Sectors Like Transportation, Healthcare, Energy, And Commercial Real Estate · 2025-04-04

Decision Date
2025-04-04
Location
California
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 a consulting firm in California specializing in infrastructure and project management for sectors including transportation, healthcare, and energy. The firm aims to provide project planning, technical consulting, and civil engineering services that incorporate sustainable construction methods and building information modeling.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance because it does not show broader implications for the field or substantial economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. While she projected creating 21 jobs and generating over $15 million in profit by year five, she provided insufficient evidence to support these forecasts or show substantial positive economic effects. The AAO reserved judgment on her EB-2 qualifications and the remaining two Dhanasar prongs as the failure of the first prong was dispositive.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Business Plan
Expert Opinion Letter
Curriculum Vitae
Academic Records

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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: 2025-04-04.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 6

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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