dismissed EB-2 (NIW)
Entrepreneur In Business Development
Business Development Enterprise Specializing In Sustainable Products · 2025-01-16
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 open and operate a business development enterprise specializing in sustainable agriculture, aiming to advance U.S. business and technology by focusing on sustainable products.
Framework Evaluation
0 of 3 criteria met1 The proposed endeavor has both substantial merit and national importance Not Met
The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate that it had national importance due to insufficient credible evidence supporting economic projections and job creation claims, and a lack of broader prospective impact beyond the petitioner's company and clients.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance element of the first Dhanasar prong. While the endeavor had substantial merit, the financial projections of $305,100 in first-year sales and $718,930 in fifth-year sales, and the creation of 12 direct jobs (11 part-time) and 376 indirect jobs, lacked sufficient credible evidence. The record did not demonstrate that these economic effects or the proposed operations in various states would have a substantial positive impact commensurate with national importance. An expert letter also did not align with the proposed endeavor's national importance, focusing instead on the petitioner's knowledge of Brazil's economy and U.S. business with Latin America. The proposed endeavor's impact was deemed limited to the petitioner's company and its clients, not having broader national or global implications.
Evidence
Evidence Types
Resume
Business Plan
Original Contributions
Reference Letters Dependent
Reference Letters Independent
Media Coverage
Similar Cases
Entrepreneur
Logistics
USCIS EB-2 (NIW) dismissed
Florida 2024-08-26
The petitioner proposes to work as an entrepreneur operating and managing his own logistics consulting company, established in Florida. This company will assist entrepreneurs and small and medium-sized U.S. businesses in navigating the challenges of global trade, enabling them to establish a strong presence in foreign markets and contribute significantly to the U.S. economy.
Others
Others
USCIS EB-2 (NIW) dismissed
2024-10-15
The Petitioner proposes to provide business development services to companies in the textile, food, and automotive industries. The record does not clarify if the Petitioner intends to be employed by such companies or operate a consulting services company.
Others
Others
USCIS EB-2 (NIW) rfe dismissed
Texas 2025-01-03
The petitioner's proposed endeavor is to secure positions within US companies, focusing on sustainability initiatives and leveraging expertise in both sustainability and business intelligence, along with agile methodologies and project management experience. This role aims to address critical issues such as climate change, urbanization, and environmental degradation while promoting economic growth, social equity, and environmental stewardship.
Entrepreneur
Information Technology · Brazil
USCIS EB-2 (NIW) rfe dismissed
Florida 2022-03-22
The petitioner proposes to operate an IT solutions company in Florida focusing on software development to improve managerial, enterprise resource planning (ERP), and accounting processes. The endeavor includes providing IT consulting, software implementation, app development, and automation services to U.S. businesses.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-16.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 6
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist