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dismissed EB-2 (NIW)

Entrepreneur

Dispatch And Delivery Services · 2024-08-19

Decision Date
2024-08-19
Location
New York, United States
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 own and operate a New York-based delivery and transportation enterprise, offering cargo delivery services. The company aims to facilitate the movement of goods between the United States and Eastern Europe, with aspirations for international expansion.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner failed to demonstrate that the proposed endeavor had national importance, as it did not sufficiently extend beyond the petitioner's company and clientele to impact the field or industry more broadly, nor did it show substantial positive economic effects for the nation.

2 The individual is well-positioned to advance the proposed endeavor Not Met

The Director found that the Petitioner was not well-positioned to advance the proposed endeavor, a finding that the AAO declined to re-evaluate given other dispositive issues.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Petitioner did not challenge the Director's finding that it would not be beneficial to the United States to waive the job offer and labor certification requirements, thereby waiving this issue on appeal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor had national importance (Prong 1) and waived any challenge to the Director's finding that waiving the job offer would not benefit the U.S. (Prong 3). The business plan's projections for creating 29 jobs by Year 5 and generating profits from $80,880 to $169,794 were not supported by probative evidence, thus failing to show substantial positive economic effects or national importance.

Evidence

Evidence Types
Business Plan

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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: 2024-08-19.

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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

Related Pages

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

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