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dismissed EB-2 (NIW)

Entrepreneur

Swimming Pool Management, Installation, And Automation Services; Advancing Automation And Related Technical Services In Various Sectors · 2025-01-29

Decision Date
2025-01-29
Location
Florida, United States
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 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.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner's swimming pool management, installation, and automation services endeavor was found to fall short of the national importance required, as it did not sufficiently extend beyond his company and clientele.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The petitioner's business plan projections for jobs and revenues lacked material corroborating evidence and a basis for how they would be achieved, indicating he was not well-positioned.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

Given the failure to establish substantial merit, national importance, or being well-positioned, the waiver of the job offer requirement was not deemed to benefit the United States.

Why This Petition Was Denied

The petition was dismissed because the proposed endeavor in swimming pool management and automation services was found to lack national importance, failing Dhanasar's first prong. The petitioner's business plan projections for jobs and revenues were not adequately supported by evidence, indicating a failure to demonstrate being well-positioned to advance the endeavor (Dhanasar's second prong). Expert letters were deemed insufficient as they focused on the general industry rather than the specific proposed work's national impact. The decision also noted the petitioner's failure to present new facts or demonstrate legal error in the motions to reopen and reconsider.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2025-01-29.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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