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dismissed EB-2 (NIW)

Chef And Entrepreneur

Chef And Entrepreneur · 2024-09-27

Decision Date
2024-09-27
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's proposed endeavor involves providing services as a chef and entrepreneur, with claims of generating broader positive implications for the U.S. healthcare system and economy by increasing small to medium-sized businesses' operational acumen, elevating employment levels, and boosting business revenue.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Partially Met

The petitioner met the substantial merit element but did not demonstrate that the potential prospective impact of the endeavor rises to the level of national importance, focusing on the field's importance rather than the specific endeavor.

2 On balance, it would benefit the US to waive the job offer and labor certification requirements. Not Met

The petitioner did not provide corroborating evidence to support claims of substantial economic benefits to the United States.

Why This Petition Was Denied

The petition was denied because the petitioner did not establish eligibility as an advanced degree professional, lacking a U.S. bachelor's degree equivalent (credential evaluation stated 'completion of at least three and one-half years of course work' towards a four-year degree) and five years of progressive post-baccalaureate experience (the 'three-for-one' rule for work experience equivalency was deemed misplaced, and only one reference letter was from a former employer, describing training prior to degree attainment). For the NIW, while substantial merit was met for Prong 1, national importance was not demonstrated, as the focus was on the importance of the field generally rather than the petitioner's specific endeavor. Claims of economic benefits lacked corroborating evidence for Prong 3.

Evidence

Evidence Types
Reference Letters Dependent
Credential Evaluation
Transcripts

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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: 2024-09-27.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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

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