How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the ethnic supermarket industry / event planning industry affect EB-2 NIW petition outcomes?

The ethnic supermarket industry / event planning sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Co-Owner And Chief Executive Officer

Ethnic Supermarket Industry / Event Planning · Brazil · 2024-04-08

Decision Date

2024-04-08

Location

Central 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 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.

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 its impact is primarily local to its customers and does not affect the field more broadly.

Why This Petition Was Denied

The appeal was dismissed because the endeavor failed the national importance requirement of Prong 1. Although the business created 6 jobs and generated over $2 million in sales, the AAO found these impacts were localized and did not demonstrate broader implications for the U.S. economy or the industry at large.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner provided a business plan and expert opinion, but the evidence was found insufficient to show broader economic impact.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Reference Letters Dependent

Government Alignment

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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

More dismissed cases More Food and Beverage cases More cases from Brazil

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

RFE Issued

Criteria Met 0 / 3

Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

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