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dismissed EB-2 (NIW) RFE Issued

Project Manager

Real Estate, Construction, Transportation And Warehousing, And Manufacturing Sectors · 2024-05-31

Decision Date
2024-05-31
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 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.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as its impact is limited to specific clients and the business plan projections were not sufficiently detailed.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his endeavor. Although he provided a business plan projecting 44 direct jobs and over $3.5 million in sales by year five, the AAO found the projections lacked a sufficient evidentiary basis and the impact was limited to individual clients rather than the field or economy more broadly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish EB-2 classification and the national interest waiver; the petitioner provided a business plan and expert letters in response.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-05-31.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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