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dismissed EB-2 (NIW)

Entrepreneur

Commercial Flooring Industry · 2024-09-16

Decision Date
2024-09-16
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 revolutionize the flooring market by offering knowledge and equipping companies with resources and expertise. The methods aim to foster a more competitive and efficient market in the commercial flooring industry.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner's business plan and proposed methodologies for the commercial flooring industry were found to lack national importance, failing to demonstrate broader implications or substantial positive economic effects beyond incremental impacts.

2 Petitioner is well-positioned to advance the endeavor Not Met

The petitioner did not provide new facts or arguments to challenge the prior finding that they were not well-positioned to advance the proposed endeavor.

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

The petitioner did not provide new facts or arguments to challenge the prior finding that, on balance, it would not benefit the U.S. to waive the job offer and labor certification requirements.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to demonstrate legal or factual error in the prior decision. Specifically, the petitioner did not establish qualification for EB-2 as an advanced degree professional due to insufficient employer letters, and did not satisfy any of the three Dhanasar prongs for a national interest waiver. The proposed endeavor lacked demonstrated national importance and the petitioner did not show being well-positioned to advance it, nor that a waiver would benefit the U.S.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2024-09-16.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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