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dismissed EB-2 (NIW) RFE Issued

General And Operations Manager

Brazilian Fried Chicken Restaurant Franchise · 2024-09-10

Decision Date
2024-09-10
Location
Utah
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 a Brazilian fried chicken restaurant franchise in the American territory, adopting a new name. The initial location is planned for Utah, with intentions to expand to other cities and states within three years, offering dishes from Italian and Brazilian cuisine.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director found the endeavor had substantial merit but failed to establish national importance, as the record did not show broader implications or significant potential to employ U.S. workers or have substantial positive economic effects.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The AAO reserved opinion on whether the record satisfied this prong, as the first prong was not met.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The AAO reserved opinion on whether the record satisfied this prong, as the first prong was not met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor, as required by the first Dhanasar prong. The business plan lacked specific details on the scope of the business, its potential broader implications beyond common restaurant differentiations, and how it would create significant U.S. jobs or have substantial positive economic effects, particularly in economically depressed areas. The AAO reserved opinion on the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national interest waiver. In response, the petitioner submitted an updated business plan that materially changed the proposed endeavor from a restaurant franchise to a business consulting and training services company, which USCIS deemed a new set of facts not existing at the time of filing.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

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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: 2024-09-10.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

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

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