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dismissed EB-2 (NIW)

Entrepreneur In Real Estate

Real Estate Sector ยท 2024-06-17

Decision Date
2024-06-17
Location
Florida
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 investment consultancy to attract Brazilian and Portuguese investors to U.S. real estate projects. The endeavor aims to connect foreign investors with U.S. construction partners to foster the development of affordable housing. He plans to organize events to showcase U.S. investment opportunities and the advantages of the U.S. dollar.

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 significant potential for substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not satisfy the national importance requirement of Prong 1. While the business plan projected hiring 20 people and generating $1.15 million in revenue by year five, these projections lacked objective evidence and failed to show a substantial economic impact on a national scale. The RIMS II modeling provided was deemed insufficient as it relied on broad industry categories rather than the specific endeavor.

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: 2024-06-17.

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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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