Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

General And Operations Manager

Residential Construction Industry · Brazil · 2024-06-12

Decision Date
2024-06-12
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 Florida-based construction company focused on building residential condominiums and townhouses, specifically aiming to build four townhomes annually over a five-year period. The endeavor seeks to meet housing demand for retirees, families, and tourists while practicing socio-environmental responsibility.

Framework Evaluation

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

The endeavor has substantial merit due to the importance of the construction industry, but lacks national importance as it is small-scale and local.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While he holds the equivalent of an advanced degree in civil engineering, his business plan only projected the creation of three jobs and $7 million in gross revenue over five years, which was deemed insufficient to show substantial economic impact or broader industry influence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the petitioner's qualifications and the national importance of the endeavor; while the qualification issue was resolved on appeal, the national importance concern was not.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
Government Alignment

Similar Cases

Operations Manager

Construction

USCIS EB-2 (NIW) dismissed
Florida 2024-05-28
The petitioner proposes to operate a construction company in Florida providing services such as architectural design, demolition, engineering, remodeling, and structural repairs for single-family homes and commercial spaces to address housing deficits and upgrade residential market values.

Project Manager

Real Estate

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-05-31
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.

Civil Engineer

Construction

USCIS EB-2 (NIW) dismissed
Florida, USA 2024-11-05
The petitioner proposes to establish and manage a construction management business in the state of Florida, whose services will have sustainability at its core and will help real estate developers of residential and commercial buildings and construction companies efficiently plan and develop high-profile projects and implement sustainable techniques.

Civil Engineer

Real Estate

USCIS EB-2 (NIW) dismissed
Florida 2024-11-26
The Petitioner intends to use his expertise and knowledge in the business field to work as a civil engineer in the real estate and construction sector in the United States. His endeavor involves establishing and purchasing land for real estate projects and investing in the acquisition of residential units in Florida.

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.

Browse More Cases

More dismissed cases More Construction cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-06-12.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist