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dismissed EB-2 (NIW) RFE Issued

Civil Engineer

Sustainable Development / Construction Management · 2024-07-01

Decision Date
2024-07-01
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 establish and manage a construction management business in Florida focused on sustainable development. He intends to provide consultancy services to help real estate developers implement sustainable techniques and reduce the urban heat island phenomenon.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of broader national implications or substantial economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not meet the first Dhanasar prong. Specifically, the business plan projecting 17 employees and a $50,000 investment from a partner were deemed insufficient to demonstrate substantial positive economic effects or significant job creation on a national scale.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance. The petitioner provided an updated business plan and letters of intent, but these did not sufficiently demonstrate significant potential for job creation or economic effect.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-07-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

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