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dismissed EB-2 (NIW)

Entrepreneur

Automotive Sector · 2025-04-03

Decision Date
2025-04-03
Location
South Carolina
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 and manage a company in South Carolina providing specialized engineering solutions, including innovative upgrades and modifications to reduce downtime and improve quality control. The work focuses on implementing lean manufacturing methods to enhance cycle times, safety, and labor efficiency specifically within the automotive manufacturing sector.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance Met

The Director's original finding that the petitioner is well-positioned was not overturned.

2 Substantial Merit and National Importance Not Met

While the endeavor has substantial merit, it lacks national importance as it does not demonstrate implications beyond the petitioner's specific clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the national importance requirement of the first Dhanasar prong. While the endeavor had merit and the petitioner was well-positioned, the projected employment of 29 workers and $7 million in sales were not supported by sufficient evidence to show a substantial economic effect on the region or the national economy.

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: 2025-04-03.

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At a Glance

Outcome dismissed
Criteria Met 1 / 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

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

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