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dismissed EB-2 (NIW)

Real Estate Developer/Entrepreneur

Real Estate Development/Entrepreneur · 2022-06-23

Decision Date
2022-06-23
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 operate a real estate development company specializing in affordable housing by utilizing modular building techniques and 3D printed panels. The endeavor aims to expand operations to develop new housing that can be assembled quickly and at a lower cost than traditional stick-built homes.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance because it does not demonstrate significant potential for job creation or broader industry-wide impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. USCIS found the financial and job creation projections lacked a credible basis, noting a discrepancy where the business operated at a loss despite projecting millions in profit, and the work did not show broader implications for the industry.

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: 2022-06-23.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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