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dismissed EB-2 (NIW)

Entrepreneurship / Chef

Business, Entrepreneurship, And The Gastronomy Industry · 2025-01-27

Decision Date
2025-01-27
Location
Florida, USA
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 intends "to continue to advance [her] career in the United States as an Entrepreneurship / Chef contributing to direct, produce, create, and make substantial contributions for the improvement of the Business, Entrepreneurship, and the Gastronomy industry in the United States." Specifically, the Petitioner aspires to "lead and manage the operations of ...,a U.S. based enterprise founded on I I 2022, in the State of Florida Iwhich "will specialize in catering and consulting services."

Framework Evaluation

0 of 3 criteria met
1 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 its national importance by showing broader implications or substantial positive economic effects beyond direct clients and employees.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. Despite a business plan forecasting sales from $477K to $3.834M and the creation of 6 to 48 positions over five years, the Petitioner did not demonstrate that these figures would have substantial positive economic effects or broader implications for the U.S. economy or the field at a level commensurate with national importance. An expert letter also failed to focus on the national importance of the specific endeavor.

Evidence

Evidence Types
Reference Letters Independent
Commercial Success

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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: 2025-01-27.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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