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dismissed EB-2 (NIW)

Agribusiness Executive, Consultant In The Field Of Agribusiness

Agribusiness Industry · Brazil · 2024-09-12

Decision Date
2024-09-12
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 work in the United States as a consultant in the field of agribusiness, specializing in seeds and seed technology. He intends to provide consulting and organizational services to various unnamed clients within the agribusiness industry.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was not sufficiently defined to establish its potential economic or industry impacts, and the petitioner relied on the general importance of the industry rather than specific national importance.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The petitioner failed to adequately define the scope of the endeavor, identify specific employers, or demonstrate sufficient interest from potential customers, users, or investors.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The petitioner did not demonstrate a significant benefit to the U.S. or an urgent national interest that would outweigh the benefits of the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for EB-2 classification, specifically not proving an advanced degree equivalent to a U.S. master's. Furthermore, the Petitioner did not satisfy any of the three Dhanasar prongs: the proposed endeavor lacked national importance due to its undefined scope and limited impact, the Petitioner was not well-positioned to advance it without specific clients or investor interest, and waiving the job offer was not deemed beneficial to the U.S. without urgent national interest or unique contributions.

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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: 2024-09-12.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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

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