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dismissed EB-2 (NIW) RFE Issued

Real Estate Developer And Entrepreneur

Real Estate Developer And Entrepreneur · Brazil · 2024-01-30

Decision Date
2024-01-30
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 develop affordable real estate for low-income Americans through his U.S.-based company. He intends to purchase lots and hire professionals to build single-family homes, initially focusing on Florida HUB Zones before expanding to New York and California.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not meet at least three of the six regulatory criteria for exceptional ability. Specifically, he failed to provide evidence of ten years of full-time experience with sufficient detail, did not demonstrate a salary indicative of exceptional ability relative to others in the field, and joined professional associations only after the RFE was issued.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the Petitioner's qualification for the EB-2 classification. The Petitioner submitted additional employment letters and proof of joining a professional association, but the AAO found these insufficient or untimely.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Media Coverage
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: 2024-01-30.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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