dismissed EB-2 (NIW)
Entrepreneur And Business Administrator
Entrepreneur And Business Administrator, Motor Vehicle Dealer · 2025-03-11
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 continue his endeavor as an entrepreneur and business administrator through his U.S.-based companies, specifically engaging in motor vehicle dealership activities.
Why This Petition Was Denied
The motion to reconsider was dismissed because the Petitioner failed to demonstrate that the AAO's prior decision erroneously applied law or policy. Specifically, the Petitioner did not provide sufficient evidence to meet the criteria for exceptional ability, including membership in professional associations (Auction ACCESS and National Federation of Independent Business were not deemed professional associations as contemplated by regulations), 10 years of full-time experience (due to inconsistencies in dates and lack of objective evidence), a personal license to practice the profession (as the license was for the business, not the individual, and validity was not demonstrated), and recognition for significant contributions to the industry (letters did not establish 'significant' contributions or recognition). The AAO found the Petitioner did not overcome the burden of proof for these regulatory requirements.
Evidence
Evidence Types
Employment Letters
Licenses
Professional Memberships
Original Contributions
Reference Letters Dependent
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-11.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 5
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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