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dismissed EB-2 (NIW) RFE Issued

Mechanical Engineer/Entrepreneur

Beverage And Automotive Industries; Microbrewery · Brazil · 2024-05-10

Decision Date
2024-05-10
Location
New Jersey
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 expand his craft beer company by specializing as a microbrewery in New Jersey, producing 5,000 liters per month. He intends to offer his expertise in industrial maintenance and mechanical engineering to optimize brewing equipment and operations.

Framework Evaluation

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

The endeavor of opening a microbrewery was found to lack national importance as it did not demonstrate broader implications or substantial economic impact.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first Dhanasar prong. While he held an advanced degree and had 10 years of experience, the evidence did not show substantial positive economic effects or broader implications for the field, and expert letters were found to be of marginal probative value.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for all three prongs. The Petitioner responded with arguments regarding environmental sustainability and HUBZone locations which were not in the original filing.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Expert Opinion Letters
Business Plan
Professional Plan

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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: 2024-05-10.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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