dismissed EB-2 (NIW)

General And Operations Manager And Entrepreneur

Electronic Management Of Documents Field · Brazil · 2024-04-08

Decision Date
2024-04-08
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 company in Florida dedicated to the electronic management of documents, developing a specialized platform to help small and medium-sized companies gain better control of business data and insights.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not have broader implications for the industry or significant economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet at least three of the six criteria for exceptional ability, only satisfying the academic record requirement. Furthermore, under the Dhanasar framework, the petitioner did not demonstrate that the proposed endeavor had national importance, as the projected $5 million revenue and job creation were not sufficiently supported by evidence and the impact was limited to the petitioner's specific clients.

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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: 2024-04-08.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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