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dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Construction And Trucking Industry

Construction And Trucking Industry · 2024-05-10

Decision Date
2024-05-10
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 a construction and trucking business in Florida focusing on skilled labor, renovation services, and disaster relief. The trucking component aims to provide freight services to construction, manufacturing, and retail industries.

Framework Evaluation

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

The endeavor has substantial merit but fails to demonstrate national importance or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the business plan projected 90 jobs and $11 million in revenue, these figures lacked supporting evidence of substantial economic benefit, and the work did not show broader implications for the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence of national importance. The petitioner responded by highlighting disaster relief plans and job creation projections.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2024-05-10.

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At a Glance

Outcome dismissed
RFE Issued
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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EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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