dismissed EB-2 (NIW)

Entrepreneur

Business Development · 2024-08-26

Decision Date
2024-08-26
Location
Florida
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 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.

Framework Evaluation

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

The AAO found that while the endeavor had substantial merit, the petitioner failed to establish its national importance. Evidence provided was too general and did not demonstrate impact beyond the company's clients or specific economic effects in depressed areas.

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 prong of the Dhanasar framework. The business plan's projections for job creation (17 direct employees, $1,094,000 payroll by the fifth year) lacked sufficient detail and corroborating evidence for economic impact, especially in economically depressed areas. Expert opinion letters and reference letters were too general, summarizing existing information or praising skills without demonstrating specific impact of the petitioner's methodology on the field of supply chain management or international trade beyond his company's clients.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Reference Letters Independent

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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: 2024-08-26.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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