Aviation And Customs Brokerage Company · Brazil · 2024-12-09
Decision Date
2024-12-09
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 start a company specializing in customs clearance for import and export, aircraft import and export, freight forwarding and logistics, and customs audit. The company will provide comprehensive consulting services for the import and export of aircraft parts, components, aircraft, and helicopters, focusing on tax and customs compliance and delivery deadlines. It will also offer consulting services in freight forwarding and logistics to reduce global costs, manage dangerous cargo, and solve oversized shipments.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The proposed endeavor was found to have substantial merit in business, entrepreneurialism, and technology transfer, but the petitioner failed to demonstrate its national importance through specific, probative evidence of U.S. job creation or substantial economic impact beyond the scope of his own business.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, 'substantial merit and national importance.' USCIS found that while the endeavor had substantial merit, its national importance was not adequately demonstrated. The petitioner's claims of job creation (17 direct, 47 indirect) and projected revenue ($1,625,607 in Year 5, with a final demand impact of $2,839,447) were deemed insufficient without a direct evidentiary tie between the proposed endeavor and the claimed economic results. The decision emphasized that the importance of the industry itself does not equate to the national importance of the specific endeavor, and broad, conclusory statements lacked probative value.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence regarding the national importance of the petitioner's endeavor and the overall benefit to the United States of waiving the job offer. The petitioner submitted a response, but the AAO found the evidence insufficient to establish the national importance of the specific endeavor.
RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 3
The petitioner proposes to serve as the chief executive of a limited liability company offering customized trade compliance support and services. This includes developing strategic compliance plans, conducting in-depth performance analysis, optimizing resource allocation, and providing accurate performance reporting.
The petitioner proposes to work as a foreign trade specialist, focusing on commercial strategic planning, international negotiations, and partnerships within the purchasing sector of aeronautics. This includes an "aerochain optimization initiative" to mitigate material shortages, optimize inventory, and improve production schedules for U.S.-based aeronautical companies, and volunteer projects providing strategic planning for NGOs.
The petitioner proposes to operate a firm, I-A-C-, providing aircraft management services, pilot outsourcing for single/multi-engine and jet aircraft, aircraft detailing, and consulting. He also intends to pursue positions as a commercial pilot to address the national pilot shortage and train others in the field.
The petitioner proposes to serve as the CEO of a startup transportation company in Florida providing parcel and pallet shipments. The endeavor aims to optimize supply chain management strategies and reduce shipping costs for clients through comprehensive logistics strategies.
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.
