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dismissed EB-2 (NIW)

Real Estate Broker And Sales Agent

Real Estate Industry · 2025-02-14

Decision Date
2025-02-14
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 company as a real estate broker and sales agent. The endeavor aims to foster home ownership and potentially have broader implications for the real estate industry, including employing U.S. workers and generating positive economic effects.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The AAO concluded the proposed endeavor had substantial merit but the petitioner did not establish its national importance, specifically regarding broader implications for the real estate industry or significant potential for job creation/economic effects.

2 Petitioner is well-positioned to advance the endeavor Not Met

The AAO declined to reach a conclusion on this prong, stating that the denial of the national interest waiver on other grounds was dispositive.

3 On balance, it would benefit the U.S. to waive the job offer and labor certification requirements Not Met

The AAO declined to reach a conclusion on this prong, stating that the denial of the national interest waiver on other grounds was dispositive.

Why This Petition Was Denied

The motions to reopen and reconsider were dismissed because the petitioner failed to present new facts or demonstrate that the prior decision was based on an incorrect application of law or policy. Specifically, the petitioner did not establish that her proposed endeavor was nationally important under the first Dhanasar prong, lacking sufficient evidence for job creation or substantial positive economic effects. The AAO declined to evaluate the second and third Dhanasar prongs.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2025-02-14.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

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

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