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dismissed EB-2 (NIW) RFE Issued

Driving School Owner

Driving School Owner · 2024-08-15

Decision Date
2024-08-15
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 driving school business that aims to contribute to safer roads, greater economic stability, and a more skilled workforce in the United States by training drivers, analyzing accident causes, and consulting with commercial fleets.

Framework Evaluation

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

USCIS found that while the proposed endeavor had substantial merit, it did not demonstrate national importance, failing to show a broader impact beyond the petitioner's clients or substantial positive economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor had national importance under Dhanasar's first prong. While the business plan projected 13 employees and revenues of $633,600 in year one increasing to $1,858,560 in year five, these projections lacked supporting details and were not shown to have a substantial positive economic effect at a national level. Expert letters were deemed conclusory and did not sufficiently explain the national impact. The AAO declined to reach the issues of exceptional ability or the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

A Request for Evidence (RFE) was issued, to which the petitioner submitted investor intent letters that originated after the filing of the petition. These letters were not considered as evidence of eligibility at the time of filing, indicating the RFE response did not satisfactorily address the concerns.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2024-08-15.

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At a Glance

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

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