DismissedEB-2 NIWDEC092025_06B5203

Civil engineering and real estate technology: affordable housing

The AAO dismissed the appeal: it withdrew SCOPS' favorable finding on national importance, agreed with SCOPS that the petitioner was not well positioned, and reserved the third prong.

Summarized by AI. Summaries on this site are written by AI and can contain errors. Always read the full decision on uscis.gov before relying on anything here. If a summary differs from the official decision, the official decision controls.

Summary

A civil engineer and entrepreneur proposed a company applying construction technology to affordable housing and appealed a SCOPS denial of his EB-2 national interest waiver petition. SCOPS had found national importance but not that he was well positioned; the AAO withdrew the first finding, reasoning that the letters, business plans and job projections had not sufficiently shown the endeavor's prospective impact at a national level. It then agreed with SCOPS's conclusion on the second prong, while withdrawing SCOPS's reasoning, noting that the record lacked documentation of steps taken to launch the company or of customer and investor interest. The third prong was reserved and the appeal dismissed.

Decided
2025-12-09
Original decision by
Service Center Operations (SCOPS)
Field
Civil engineering and real estate technology: affordable housing
Proposed endeavor
Establishing a company that offers 3D-printing construction, micro-housing development and technology-integrated real estate development to expand affordable housing.
EB-2 threshold
Advanced degree found

Findings

Criterion / prongAAO findingFrom the decision
Prong 1: Substantial merit and national importanceNot metPetitioner did not sufficiently establish national importance of his endeavor. The Petitioner has shown
Prong 2: Well positioned to advance the endeavorNot metWe therefore conclude that the Petitioner has not met the second prong of Dhanasar.
Prong 3: Balance favors waiving the job offerNot reached

Why the AAO decided this way

Authorities cited

Read the full decision on uscis.gov ↗

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