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dismissed EB-2 (NIW)

Entrepreneur, Founder And President

Fitness Company · 2024-12-11

Decision Date
2024-12-11
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 grow his fitness brand and expand his business, focusing on providing exercise training plans and individualized fitness programs, particularly for clients over 40 years of age, through online platforms, training modules, and speaking engagements.

Framework Evaluation

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

USCIS found the endeavor had substantial merit but lacked national importance, as its impact was limited to the petitioner's business and clients, without broader implications for the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor has national importance, a requirement of the first Dhanasar prong. While the endeavor has substantial merit, its impact was deemed limited to the petitioner's business and clients, rather than having broader national implications for the health and fitness field. The petitioner's claims of innovation and economic impact (employing 10 U.S. workers, planning to expand to 15) were not sufficiently substantiated to meet the 'substantial positive economic effects' threshold.

Evidence

Evidence Types
Reference Letters Independent
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: 2024-12-11.

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At a Glance

Outcome dismissed
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

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