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dismissed EB-2 (NIW)

Operations Manager

Auto Parts Wholesaling Services Firm ยท 2024-09-16

Decision Date
2024-09-16
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 intends to come to the United States to conduct her proposed endeavor as a "General and Operations Manager." She states she will work for an "Auto Parts Wholesaling Services firm" that is "planned to be headquartered in Florida." Specifically, the Petitioner proposed she would "steer the enterprise" utilizing her prior experience "in international purchasing, supplier sourcing, administrative and financial management, human resources management, financial planning and reporting, strategic leadership, health and safety management, accounting, and software proficiency."

Framework Evaluation

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

The petitioner established substantial merit but failed to demonstrate national importance, as the endeavor's impact was not shown to extend beyond her company or have substantial national economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. USCIS found that the record did not sufficiently demonstrate the prospective impact of her work, such as broad implications for her field or substantial national economic benefits. Although the petitioner projected creating 20 jobs, generating $1.54 million in wages, and $5.2 million in revenue over five years, the business plan lacked sufficient basis for these projections, and the figures were deemed not to rise to the level of national importance.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-09-16.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

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