dismissed EB-2 (NIW)
Civil Construction Project Director
Real Estate And Construction Sector · 2024-11-26
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 intends to use his expertise and knowledge in the business field to work as a civil engineer in the real estate and construction sector in the United States. His endeavor involves establishing and purchasing land for real estate projects and investing in the acquisition of residential units in Florida.
Framework Evaluation
0 of 3 criteria met1 The proposed endeavor has both substantial merit and national importance Not Met
USCIS agreed the endeavor had substantial merit but found the petitioner failed to demonstrate national importance, lacking evidence of broader implications or substantial positive economic effects beyond local impact.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor, which is the first prong of the Dhanasar framework. While the endeavor was deemed to have substantial merit, the petitioner did not provide sufficient evidence to demonstrate broader implications or substantial positive economic effects at a national or regional level, beyond local impact. The cited report on job creation (161 local jobs for 100 homes) and economic impact ($11.7 million in local income, $2.2 million in taxes) was deemed local, and the petitioner failed to explain how this would scale to a national level. Expert letters also failed to detail national implications. General claims about small businesses or federal initiatives were not sufficient without specific evidence of the endeavor's national impact.
Evidence
Evidence Types
Peer Reviewed Publications
Reference Letters Independent
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: 2024-11-26.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3
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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