dismissed EB-2 (NIW)

Real Estate Investment Consultant

Real Estate Investment Consultant · 2024-07-08

Decision Date
2024-07-08
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 intends to establish a digital platform to link residential, multifamily, commercial, and industrial real estate business opportunities in the United States to individual investors in Latin America. He proposes to act as the principal consultant, providing coaching and support through the financial, legal, and administrative processes of making U.S. investments.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broader implications for the real estate field beyond the Petitioner's individual clients.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the endeavor; specifically, the business plan's projection of 10 jobs and $1.3 million in revenue by year five was not shown to have substantial positive economic effects. Additionally, the AAO found that the Petitioner did not qualify as an advanced degree professional because his foreign law degree was determined to be equivalent only to a U.S. bachelor's degree.

Evidence

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

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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: 2024-07-08.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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