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dismissed EB-2 (NIW)

Auto Repair Entrepreneur

Automotive Repair · Brazil · 2024-08-14

Decision Date
2024-08-14
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 open an automotive repair business with three locations across the United States. This endeavor aims to offer a range of regular repair and mechanic jobs, including oil changes, engine checks, inspection, and testing, while also training professionals to address technician shortages.

Framework Evaluation

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

The AAO found the petitioner did not provide sufficient information and evidence to demonstrate the prospective impact of his proposed endeavor rises to the level of national importance, despite projections of 33 employees and $2.3 million in revenue.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for EB-2 classification as an advanced degree professional or an individual of exceptional ability. The petitioner did not have a post-graduate degree or five years of progressive experience. For exceptional ability, the AAO found the petitioner did not meet the academic degree criterion (degree unrelated to field) or the ten years of experience criterion (only accounted for six years). While the petitioner met the license/certification and professional membership criteria, the evidence for significant contributions was deemed insufficient and unrelated to auto repair. Furthermore, the AAO found the proposed endeavor lacked sufficient evidence to demonstrate national importance under Dhanasar Prong 1, specifically regarding the economic impact of 33 jobs and $2.3 million in revenue.

Evidence

Evidence Types
Professional Memberships
Original Contributions
License Or Certification
High Salary
Reference Letters Dependent

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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: 2024-08-14.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 5

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

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