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dismissed EB-2 (NIW)

Aquacultural Engineer

Commercial Aquaculture Industries And Farms · 2023-11-29

Decision Date
2023-11-29
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 an aquaculture consultancy company in Florida to provide technical management and project elaboration for fish and shrimp farming. The work involves implementing water recirculation systems (RAS) and protocols for rations, fertilizers, and probiotics to optimize animal protein production. He also intends to work in economically underdeveloped regions to generate jobs and attract investment.

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 the petitioner's clients to impact the industry more broadly.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the evidence did not show broader implications for the field or substantial positive economic effects, noting that projected revenue of $1,093,323 and 15 jobs were not supported by probative evidence. The AAO declined to evaluate the remaining prongs as the failure of the first was dispositive.

Evidence

Evidence Types
Media Coverage
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: 2023-11-29.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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