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dismissed EB-2 (NIW)

Business Developer And Consultant

Beverage Bottling Industry · Brazil · 2024-07-03

Decision Date
2024-07-03
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 operate as a business developer and quality consultant in the U.S. beverage bottling industry through his own company. He intends to offer production efficiencies, such as developing lightweight and carbon-efficient bottle shapes, and consulting for glass manufacturing companies to lower product wastage and carbon emissions.

Framework Evaluation

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

The Director originally found this prong met based on the petitioner's experience, though the AAO expressed reservations.

2 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked national importance as the impact was limited to the petitioner's clients and company.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of his endeavor (Prong 1) and failed to prove eligibility for the underlying EB-2 classification as an advanced degree professional. Specifically, he lacked a baccalaureate degree, and his projected economic impact of 12 employees and $620,000 in investment was not corroborated or shown to be 'substantial' under Dhanasar.

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-07-03.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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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