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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Real Estate Industry ยท 2024-11-13

Decision Date
2024-11-13
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 consulting company providing comprehensive and strategic consulting services for pre-negotiation, negotiation, and post-negotiation processes in the real estate industry. The company aims to market services to small and medium-sized businesses, offer training through educational webinars, and potentially increase the availability of low-income housing.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner failed to establish that the proposed real estate consulting endeavor had national importance, as its impact was not shown to extend beyond immediate clients or to result in substantial economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under Dhanasar's first prong. The record did not show the endeavor's prospective impact would extend beyond prospective clients, nor did it demonstrate substantial positive economic effects or job creation (18 jobs, $5 million in tax revenue over five years) at a nationally important scale. Assertions about affordable housing impact and training/research were not sufficiently supported by evidence or were new evidence submitted on appeal.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence and information regarding the national importance of the petitioner's proposed real estate consulting endeavor. The petitioner responded by reiterating previous arguments and submitting new evidence on appeal, which was not considered.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Expert Opinion Letter
Government Alignment
Media Coverage

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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: 2024-11-13.

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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

Related Pages

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