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dismissed EB-2 (NIW)

CEO

Property Management Software Industry · 2025-01-31

Decision Date
2025-01-31
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 serve as the CEO of a Florida-based company providing condominium management software. The endeavor involves expanding the use of an existing property management application, already successful in Brazil, to various markets across the United States.

Framework Evaluation

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

The Petitioner did not demonstrate that the endeavor had national importance, failing to show sufficient impact on the property management software industry or substantial positive economic effects beyond direct clientele.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director determined that the Petitioner was not well-positioned to advance the endeavor, and the AAO implicitly agreed by dismissing the appeal based on Prong 1.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

USCIS reserved opinion on whether the Petitioner could satisfy the third prong, as the failure to meet Prong 1 was sufficient for dismissal, thus it was not explicitly met.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that the proposed endeavor had national importance under the first prong of the Dhanasar framework. USCIS found insufficient evidence that the software would significantly impact the U.S. property management software industry or provide substantial positive economic effects beyond direct clientele. The projected job creation (3 direct, 11 indirect, or 361 new jobs claimed by petitioner) and millions in revenue were not sufficiently supported, and the innovation was not proven to be groundbreaking in the U.S. market compared to its existing success in Brazil. USCIS reserved opinion on the third prong.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2025-01-31.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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