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dismissed EB-2 (NIW)

Real Estate Developer

Real Estate Development · 2024-06-28

Decision Date
2024-06-28
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 establish a real estate development company focused on building and remodeling energy-efficient, environmentally friendly homes in the United States. The endeavor aims to incorporate technologies such as photovoltaic solar panels, thermal insulation, and intelligent air conditioning systems to combat climate change and reduce energy costs.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked national importance due to its limited scale and lack of evidence regarding broader economic or environmental impact.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner's prior experience was in a different industry (oil/procurement) and there was no evidence of progress or specific expertise in U.S. home building.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of the endeavor and was not well-positioned to advance it. The AAO noted the business plan was vague, projecting only three employees by the fifth year, and the petitioner's background in oil company procurement did not translate to success in residential construction.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-06-28.

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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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