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dismissed EB-2 (NIW) RFE Issued

General And Operations Manager

Acai Fruit Bowl And Smoothie Franchises · 2024-07-29

Decision Date
2024-07-29
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 serve as an entrepreneur and the general and operations manager of acai fruit bowl and smoothie franchises. The work involves managing the business operations and growth of these food service establishments.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to state new facts supported by documentary evidence for a motion to reopen. For the motion to reconsider, the petitioner did not establish that the prior decision was based on an incorrect application of law or policy, and failed to specifically identify how the evidence addressed national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner provided a response to an RFE issued by the Director, but the AAO found that the evidence did not establish eligibility for the waiver and the subsequent motion failed to provide new facts or legal errors.

RFE Targets
prong 1

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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: 2024-07-29.

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At a Glance

Outcome dismissed
RFE Issued

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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