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dismissed EB-2 (NIW) RFE Issued

Agricultural Finance Consultant

Agribusiness Sector · 2023-06-29

Decision Date
2023-06-29
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 establish an agricultural finance consulting business in Florida. The endeavor aims to provide financial planning and business management services specifically tailored to the agribusiness sector.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked national importance as it did not demonstrate significant potential for job creation or broad industry impact.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong was not met, and the AAO declined to reach a final conclusion as the first prong was already dispositive.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong was not met, and the AAO declined to reach a final conclusion as the first prong was already dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. The business plan lacked specific revenue or job creation projections, and the submitted articles discussed the industry generally rather than the impact of the petitioner's specific services. The petitioner holds the foreign equivalent of a Bachelor of Science in agriculture and five years of experience, but failed to show a broad impact on the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the Dhanasar prongs. The petitioner responded by restating initial arguments and providing articles on the agricultural sector.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Government Alignment

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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: 2023-06-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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