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dismissed EB-2 (NIW)

Business Process Engineer

Business Process Reengineering, Improvement, Problem-Solving, And Management Services · 2024-07-16

Decision Date
2024-07-16
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 establish and direct the operations of a Florida-based entity dedicated to offering business process reengineering, improvement, problem-solving, and management services. The endeavor aims to improve business profitability and employ workers from low-income communities.

Framework Evaluation

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

The petitioner failed to demonstrate that the specific business would have broader implications or a significant prospective impact on a national scale.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Specifically, the record did not show the business would achieve sufficient scale to impact the national economy or introduce advancements to the field, and a new job offer in California was considered an impermissible material change.

Evidence

Evidence Types
Original Contributions

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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: 2024-07-16.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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

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