sustained EB-2 (NIW)

Others

Hotel Industry ยท 2025-03-18

Decision Date
2025-03-18
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 operate a hotel project in the United States through a new commercial enterprise (NCE) and its wholly-owned subsidiary. This endeavor involves funding the construction and operation of the hotel.

Why This Petition Was Approved

The appeal was sustained because the Petitioner demonstrated, by a preponderance of the evidence, that the investment would create at least 10 full-time positions for qualifying employees. This was supported by a comprehensive and credible business plan, including projected staffing of at least 111 new full-time employees (management, front office, housekeeping, administrative/security, sales, maintenance, food and beverage staff), and an expert letter from a hotel management firm confirming the feasibility of the job creation estimates based on industry ratios.

Evidence

Evidence Types
Reference Letters Independent
Commercial Success

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Frequently Asked Questions

A sustained EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-18.

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At a Glance

Outcome sustained
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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