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dismissed EB-2 (NIW)

Entrepreneur

Distribution Of Hydraulic Equipment, Specifically Valves And Connections For The Control And Handling Of Fluids · Brazil · 2023-06-15

Decision Date
2023-06-15
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 expand and operate a U.S. branch of his Brazilian company, L-C-V-C- LTDA, focusing on the distribution of hydraulic equipment such as valves and connections for fluid control. The endeavor involves a partnership with a Spanish company, G-S.A., to act as a supply hub for critical components in industries like water, mining, and oil & gas.

Framework Evaluation

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

The petitioner was found to be an advanced degree professional with relevant experience.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or substantial economic impact beyond the company's own operations.

3 On Balance, Beneficial to Waive Job Offer Not Met

The AAO reserved judgment on this prong as the failure of the first prong was dispositive.

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. While the endeavor had substantial merit, the petitioner did not provide evidence that the business would have broader industry implications or substantial positive economic effects. Specific projections of 146 employees and $8.4 million in revenue by year five were not adequately supported by corroborating evidence.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Business Plan
Expert Opinion Letter

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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: 2023-06-15.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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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