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dismissed EB-2 (NIW) RFE Issued

Entrepreneur / Industrial Administrator

Bakery And Pastry Equipment Manufacture And Distribution · Brazil · 2023-03-21

Decision Date
2023-03-21
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 proposed to work as an entrepreneur to plan, direct, and coordinate the operations of organizations in the field of business and industrial administration, specifically providing specialized consulting and management within the bakery and pastry equipment manufacturing and distribution industry.

Framework Evaluation

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

While the endeavor had substantial merit, the Petitioner did not show it had national importance or prospective impact beyond her immediate clients.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor. The evidence focused on her past successes in Brazil rather than the prospective impact of her U.S. work. Furthermore, the Petitioner attempted to change her proposed endeavor to real estate brokerage during the RFE stage, which the AAO rejected as an impermissible material change occurring after the filing date.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence that the proposed endeavor has national importance. The Petitioner's response introduced a new endeavor in real estate, which was rejected.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Expert Opinion Letters
Original Contributions

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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: 2023-03-21.

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At a Glance

Outcome dismissed
RFE Issued
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

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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