Entrepreneur Providing "Swimming Pool Installation Services, By Initially Establishing! Ian I -Based Company That Will Provide Management, Installation, And Automation Services."
Swimming Pool Installation Services ยท 2024-10-04
Decision Date
2024-10-04
Location
FL area
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 work as an entrepreneur providing swimming pool installation, management, and automation services. He intends to establish an AI-based company offering customized high-end fiberglass pool installation and automation services to clients, initially in the FL area, with a focus on customer satisfaction and efficient management.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importance.Not Met
USCIS agreed the endeavor had substantial merit but found the Petitioner failed to demonstrate national importance, as the pool installation and automation services were not shown to have broader implications or substantial positive economic effects beyond the company and its clients.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. USCIS found that the proposed pool installation and automation services business did not demonstrate a potential prospective impact that would extend beyond his company and its clientele to broadly impact his field, industry, societal welfare, government initiatives, or the U.S. economy at a level commensurate with national importance. The business plan projected employing three personnel in year one, four in year two, and five in years three through five, with revenue projections ranging from $1,800,000 in year one to $4,320,000 in year five, but these projections lacked sufficient supporting details to demonstrate substantial economic effects or job creation at a national level. USCIS declined to evaluate the second and third Dhanasar prongs.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence to establish the national importance of the proposed endeavor, specifically how it would impact the field more broadly or offer substantial positive economic effects. The petitioner responded with a second business plan and arguments, but these were not considered sufficient to meet the requirements at the time of filing or to demonstrate national importance.
RFE Targets
The proposed endeavor has both substantial merit and national importance.
The petitioner proposes to provide swimming pool management, installation, and automation services. This is intended as an entry point to a more extensive plan centered on advancing automation and related technical services in various sectors.
The petitioner proposes to establish a company delivering specialized civil engineering services in the swimming pool construction industry in the United States. This involves replicating an established modular system from Brazil, outsourcing manufacturing, and monitoring market development. The system aims to offer cost savings, add value to properties, stimulate the economy through job creation and local supplier support, and could be adapted for emergency water storage.
The petitioner, an entrepreneur and swim instructor, seeks to continue her work in swimming and swim instruction. Her proposed endeavor involves developing special programs for children with special needs and implementing specific methodologies in swimming, aiming to contribute to the industry.
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.
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.
