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dismissed EB-2 (NIW) RFE Issued

Business Analyst

Catering Service, And Event Planning · 2023-05-10

Decision Date
2023-05-10
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 a catering and event planning service company in Florida, focusing on equipment rental, setup preparation, and event management for household and corporate clients. The endeavor aims to expand as a franchise and boost the local food supply chain through hiring and procurement.

Framework Evaluation

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

The endeavor's impact was found to be limited to the company's clients and employees rather than the broader industry or nation.

2 Well-positioned to Advance the Endeavor Not Met

Inconsistent statements regarding employment history and business operations undermined the Petitioner's credibility.

3 On Balance, Beneficial to Waive Job Offer Not Met

Since the first two prongs were not met, the Petitioner could not establish that a waiver was warranted.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner provided inconsistent information regarding her employment history and the nature of the endeavor, which shifted from financial analysis to catering. The business plan was deemed implausible as it projected hiring up to 98 employees at a private residence, and the Petitioner failed to meet any of the three Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the national interest waiver requirements. The Petitioner responded with a revised business plan and letters of intent, but these introduced further inconsistencies.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
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: 2023-05-10.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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