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dismissed EB-2 (NIW)

Agricultural Sales Representative

Agribusiness · Brazil · 2023-05-12

Decision Date
2023-05-12
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 petitioner proposes to operate his own U.S. company to market and export U.S. agricultural products, such as fertilizer and potatoes, to Brazil, while importing Brazilian products like coffee, lumber, and fruits to the U.S. He intends to expand operations across multiple states and provide training to U.S. workers in the agribusiness sector.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor was found to have substantial merit but lacked national importance.

2 Well-positioned to Advance the Endeavor Not Met

The AAO reserved this finding but noted discrepancies between projected and actual financial performance.

3 On Balance, Beneficial to the U.S. Not Met

The AAO did not reach this prong as the first prong was not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor. Although he holds an advanced degree and his plan to generate $5.7 million in revenue and 35 jobs showed substantial merit, his actual 2021 tax returns ($80,000 revenue) suggested projections were over-optimistic and the overall impact on U.S.-Brazil trade was found to be insignificant.

Evidence

Evidence Types
Letters Of Support

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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: 2023-05-12.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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