dismissed EB-2 (NIW) RFE Issued

Entrepreneur In Cargo Transportation And Logistics

Cargo Transportation And Logistics · Brazil · 2024-06-06

Decision Date
2024-06-06
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 operate a general cargo transportation and consulting company in the U.S. providing services in supply chain management, logistics, and strategic sourcing. The endeavor includes physical cargo transport by road and licensing a route optimization software (SigX) designed to minimize environmental impact.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not offer broader implications for the field beyond the petitioner's clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the business plan projected $17.3 million in revenue and 65 jobs by year five, the AAO found these projections lacked sufficient explanation and did not demonstrate a scale rising to national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the national importance of the endeavor. The petitioner responded with a business plan and additional industry reports, but failed to show impact beyond her specific clients.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Government Alignment

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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: 2024-06-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 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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