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 work as president and real estate broker for a full-service real estate agency. This company will offer comprehensive services including property sales, property management, investment advisory, and rental assistance, with a focus on attracting foreign investments to facilitate the development of large-scale single-family, multi-family, and commercial projects in the United States.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
USCIS found that the proposed endeavor had substantial merit, but the petitioner failed to establish its national importance. The prospective impact was not shown to extend beyond the petitioner's clients to broader implications for the industry or field at a national level, nor did it demonstrate significant potential to employ U.S. workers or offer substantial positive economic effects commensurate with national importance.
Why This Petition Was Denied
The Director denied the petition, a decision affirmed by the AAO, because the petitioner failed to establish the national importance of the proposed endeavor under Dhanasar's first prong. While the endeavor had substantial merit, its prospective impact was not shown to extend beyond the petitioner's clients to broader national implications. The evidence, including a business plan projecting 8 employees, $328,542 in annual payroll, and $1,068,806 in annual sales by the fifth year, was deemed insufficient to demonstrate national importance, as these projections were not adequately explained or shown to operate on a national scale. The decision explicitly declined to evaluate Dhanasar's second and third prongs.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested additional evidence and information regarding the prospective impact of the petitioner's endeavor. The petitioner's response, which included a personal statement, business plan, national impact analysis, and industry reports, was deemed insufficient to establish national importance.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner proposes to operate a company as a real estate broker and sales agent. The endeavor aims to foster home ownership and potentially have broader implications for the real estate industry, including employing U.S. workers and generating positive economic effects.
The petitioner proposes to operate a real estate consulting company providing comprehensive and strategic consulting services for pre-negotiation, negotiation, and post-negotiation processes in the real estate industry. The company aims to market services to small and medium-sized businesses, offer training through educational webinars, and potentially increase the availability of low-income housing.
The petitioner proposes to serve as a project manager for his own company, providing asset and property management services to small and medium-sized businesses. He intends to manage functional assets like machinery and equipment to improve efficiency, reduce costs, and extend the useful life of infrastructure.
The petitioner proposes to benefit the United States by investing in U.S.-based companies, developing their businesses, and establishing his own business in the U.S. He intends to introduce high-level products to generate revenue and economic growth, revitalize existing brands, modernize business operations, expand consumer bases, and develop partnerships with supply chain companies through ventures in residential construction, real estate, and the mineral water market.
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.
