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 managing two existing ethnic grocery stores in New Jersey, establish three additional ethnic grocery stores (one in Florida and two in undetermined locations), and within three years, establish a food distribution business for these stores. All businesses would focus on Brazilian and other Latin American food products, with the petitioner serving as general manager responsible for operations and long-term strategies.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importance.Not Met
USCIS found the endeavor had substantial merit but failed to demonstrate national importance due to a lack of specific, probative evidence quantifying its impact beyond the petitioner's business and clients, and insufficient detail for future projections.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under Dhanasar's first prong. While substantial merit was found, the petitioner did not sufficiently document the potential prospective impact, including economic and societal welfare effects, beyond his business and clients. Projected job creation (58 employees) and financial figures ($15.9 million in revenue, $1.3 million in wages) lacked sufficient detail and corroborating evidence, and were undercut by modest past income increases and a high proportion of payroll going to the petitioner and spouse. Expert letters were general and did not quantify specific national impact.
Request for Evidence (RFE)
Unsuccessfully Addressed
The Director's decision, which was upheld on appeal, found that the petitioner did not establish that his proposed endeavor had substantial merit or was of national importance. Specifically, the petitioner failed to demonstrate the national importance of the endeavor, its potential impact beyond his business and clients, and sufficient documentation of economic and societal welfare effects. The RFE likely requested evidence to substantiate these aspects, which the petitioner failed to provide adequately, leading to the dismissal.
RFE Targets
The proposed endeavor has both substantial merit and national importance.
The petitioner proposes to continue operating and expanding her company, which functions as both a supermarket specializing in traditional Brazilian products and an event planning service. She intends to grow the business through franchise expansion across Florida to serve the Brazilian population and support local communities.
The petitioner proposes to establish a mixed-use grocery store offering fresh healthy staple goods and daily cooked meals to improve food accessibility and eliminate food insecurities in underserved communities. The endeavor includes selling food through delivery services, employing and training local individuals, and offering cooking classes.
The petitioner proposes to operate a grocery store that provides fresh healthy food staples, cooked meals, and packaged, prepared meals. Her ultimate goal is for this endeavor to expand and serve as a model that can be adopted and implemented state and nationwide.
The petitioner proposes to develop a supermarket located in Florida that distributes food products, including imported products from Brazil, Latin America, and Europe to the U.S. market. The endeavor aims to generate jobs and contribute to the national economy.
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.
