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dismissed EB-2 (NIW)

Chef And Entrepreneur

Culinary Arts Field · Brazil · 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 business in Florida offering specialized nutrition and gastronomy consultation services to institutions like hospitals and hotels, while also operating a restaurant offering healthy food options for delivery. The goal is to improve the nutritional quality of menus and food handling procedures.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to its focus on healthy nutrition, but lacks national importance as it is regionally focused without broad impact.

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. Additionally, the AAO found the petitioner did not qualify for the underlying EB-2 classification because her Brazilian degree was not equivalent to a U.S. bachelor's degree and she lacked five years of post-degree progressive experience.

Evidence

Evidence Types
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: 2024-05-10.

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

Related Pages

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

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