Residential Construction And Real Estate, Mineral Water Market, Real Estate Market · 2024-08-27
Decision Date
2024-08-27
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 benefit the United States by investing in U.S.-based companies, developing their businesses, and establishing his own business in the U.S. He intends to introduce high-level products to generate revenue and economic growth, revitalize existing brands, modernize business operations, expand consumer bases, and develop partnerships with supply chain companies through ventures in residential construction, real estate, and the mineral water market.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The Director determined the Petitioner established the substantial merit, but not the national importance, of the proposed endeavor. The AAO agreed, finding the petitioner did not demonstrate how his specific endeavor had broader implications or substantial positive economic effects beyond his specific clients.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically regarding the national importance of his proposed endeavor. While the substantial merit was acknowledged, the petitioner did not demonstrate how his specific business development services in Florida would have broader implications, significant potential to employ U.S. workers, or substantial positive economic effects beyond his specific clients. The decision did not evaluate the second and third Dhanasar prongs.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence regarding the national importance of the proposed endeavor. The petitioner responded with a second statement, articles on entrepreneurialism and foreign direct investment, and letters discussing his work's impact, but these were deemed insufficient to establish national importance.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner proposes to serve as a project manager for his own company, providing asset and property management services to small and medium-sized businesses. He intends to manage functional assets like machinery and equipment to improve efficiency, reduce costs, and extend the useful life of infrastructure.
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.
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.
The petitioner proposes to operate a real estate development company specializing in affordable housing by utilizing modular building techniques and 3D printed panels. The endeavor aims to expand operations to develop new housing that can be assembled quickly and at a lower cost than traditional stick-built homes.
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.
