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dismissed EB-2 (NIW)

Chief Executive Officer (CEO) And An Entrepreneur

Construction And Electrical Equipment Wholesaling Services · 2024-06-04

Decision Date
2024-06-04
Location
Massachusetts
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 operate a business providing construction and electrical equipment wholesaling services, specifically offering household electrical installations, repairs, house automation, and internet of things appliance integration.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on his 28 years of professional experience and knowledge in business administration.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of potential prospective impact on a scale indicative of national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that the benefits of his work outweigh the national interest in the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework. While the petitioner claimed the creation of 13 direct and 22 indirect jobs and $5,000,000 in revenue by year five, these assertions lacked corroborating evidence. The AAO found the impact would be limited to the petitioner's clients rather than the field or economy more broadly.

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-06-04.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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