dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer

Real Estate Construction Industry · 2024-03-20

Decision Date
2024-03-20
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 two companies, one coordinating construction projects and the other managing related investments. The endeavor aims to expand his company and address the shortage of affordable housing for low-income families across the United States.

Framework Evaluation

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

The endeavor was found to have substantial merit but failed to demonstrate national importance or broader implications for the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. Although he projected creating 12 jobs and generating over $27 million in revenue, USCIS found these figures lacked supporting detail and did not represent a significant enough economic impact to be considered nationally important.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner submitted a patent application in response to the RFE to bolster the case for national importance.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Awards
Media Coverage
Reference Letters Dependent
Patents

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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: 2024-03-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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