dismissed EB-2 (NIW)

General Operations Manager

Real Estate Brokerage Or Property Management · 2024-05-13

Decision Date
2024-05-13
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 continue his entrepreneurial venture as a director of a real estate management company. The organization acts as an intermediary between property owners and those seeking to rent or purchase properties, with a goal to manage 200 properties within five years.

Framework Evaluation

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

The petitioner did not establish that the proposed endeavor has national importance, as the focus remained on the importance of the industry rather than the specific impact of the endeavor.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically failing to show the national importance of his specific endeavor. The record contained conflicting statements regarding the focus of the endeavor (real estate vs. food services) and lacked evidence of broader industry impact beyond the petitioner's own business.

Evidence

Evidence Types
Original Contributions

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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: 2024-05-13.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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