dismissed EB-2 (NIW) RFE Issued

Urban Development Planner

Urban Development Planner · United Kingdom · 2024-07-25

Decision Date
2024-07-25
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 intends to work as a consultant providing support to real estate owners and developers on urban regeneration projects in the United States. He aims to identify real estate opportunities in neglected sites, such as abandoned mills and factories, to address the housing crisis and create economic opportunities.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Met

The Director concluded that the proposed endeavor of urban regeneration had substantial merit and national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to provide a specific plan or model for U.S. activities and relied on speculative future eligibility and unsupported economic projections.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed Prong 2; evidence of job creation (1,826 jobs) and economic impact ($98 million annually) were based on unsupported 25-year projections for projects still in development. Additionally, letters of interest from U.S. companies were dated after the July 2022 filing date, and the record lacked a specific business model for future activities.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance and the petitioner's positioning. The petitioner responded with a statement of intent, a consulting firm's report on U.K. projects, and letters of interest.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-07-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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