dismissed EB-2 (NIW)

Entrepreneur And Business Professional

Cell-Phone Accessory Kiosk; Retail Industry · 2024-05-13

Decision Date
2024-05-13
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 intends to own and operate a cellphone accessory kiosk business, primarily located in U.S. malls and shopping centers. The endeavor focuses on offering high-quality accessories and expanding the business to enhance revenue, productivity, and market growth for U.S. companies.

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 sufficiently extend beyond prospective customers to impact the field or economy broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. Specifically, the petitioner did not demonstrate that the proposed endeavor of operating cellphone accessory kiosks had national importance or substantial positive economic effects, despite projections of 159 jobs and $4.1M in cumulative taxes over five years.

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: 2024-05-13.

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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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