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dismissed EB-2 (NIW) RFE Issued

Director Of Flatstone

Construction · Venezuela · 2025-03-27

Decision Date
2025-03-27
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 New Commercial Enterprise (NCE) proposed to pool $40 million from 80 immigrant investors and lend the entire amount to the job creating entity (JCE). The JCE intends to construct a 46-story building housing a 238-room hotel, 121 condominium units, and retail space in Florida.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish by a preponderance of the evidence that the investment funds were from lawful sources and that the required amount of the Petitioner's own capital had been invested or was actively in the process of being invested. The Petitioner provided inconsistent information regarding employment and income, failed to trace the path of funds back to a lawful source, particularly concerning a $500,000 transfer from an entity implicated in money laundering, and did not provide sufficient evidence of legal ownership of the invested capital.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Chief requested additional evidence, specifically asking the Petitioner to explain the source of money in his personal bank account and his relationship to 'I I', an entity implicated in money laundering. The Petitioner responded by asserting his funds were "legal and legitimate" and provided business registration documents and financial statements for 'I I', but failed to include bank records to demonstrate the source of the $500,000 transferred to his account or a diagram explaining the path of funds.

RFE Targets
eb2 qualification

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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: 2025-03-27.

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At a Glance

Outcome dismissed
RFE Issued

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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