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dismissed EB-2 (NIW) RFE Issued

Executive And Business Owner

Beverage Industry · Kazakhstan · 2024-04-18

Decision Date
2024-04-18
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 establish and direct a New Jersey-based business dedicated to manufacturing and distributing functional beverages containing supplements like B vitamins and caffeine. The endeavor aims to help the U.S. decrease obesity levels and improve the quality of health for individuals through non-alcoholic beverage options.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broad implications beyond the petitioner's specific business.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the business plan's projections were considered generalized and unsupported by objective evidence. Additionally, the petitioner failed to prove he held a qualifying advanced degree as his academic credentials and experience letters were inconsistent or lacked specific dates.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national interest waiver prongs and EB-2 qualification. The petitioner provided a credential evaluation and letters, but these did not sufficiently address the lack of national importance or the inconsistencies in educational credentials.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-04-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

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

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