dismissed EB-2 (NIW)

Entrepreneur

Commercial Flooring Industry ยท 2024-05-02

Decision Date
2024-05-02
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 start and operate a commercial flooring business in the United States. He intends to utilize strategic and advanced approaches to remain competitive while employing U.S. workers and introducing diverse, high-quality products.

Framework Evaluation

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

The endeavor's benefits were found to be incremental and lacked evidence of broader national or global implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong and failed to prove he qualifies as an advanced degree professional. Specifically, his experience letters lacked job duty descriptions and were authored by an accountant rather than an employer, and his business impact was deemed nominal rather than having broader economic implications.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-05-02.

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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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