Visalytics
Visalytics
dismissed EB-2 (NIW)

Entrepreneur

Food Distribution Industry · Brazil · 2024-08-27

Decision Date
2024-08-27
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 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.

Framework Evaluation

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

The petitioner did not provide sufficient information and evidence to demonstrate that the proposed endeavor has broader implications in the food distribution industry in the United States or globally, or that it would result in substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that the proposed endeavor has national importance under the first Dhanasar prong. USCIS found that the evidence, including a business plan projecting 35 employees in the first year and 80 jobs by year five, and general assertions about contributions to the food supply chain, was insufficient to demonstrate broader implications or substantial positive economic effects beyond a local benefit. The decision did not reach the other two Dhanasar prongs.

Evidence

Evidence Types
Reference Letters Dependent

Similar Cases

General Manager

Food and Beverage · Mexico

USCIS EB-2 (NIW) rfe dismissed
California 2024-05-01
The petitioner proposes to establish a food distribution company in California focused on the commercialization of fruits, vegetables, and eventually dairy and meat products. The endeavor involves investing in refrigeration and transportation equipment to deliver products to central food depots, self-service stores, and home delivery customers.

Operations Manager

Food and Beverage

USCIS EB-2 (NIW) dismissed
Georgia 2024-06-25
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.

Others

Wholesale Trade

USCIS EB-2 (NIW) dismissed
2024-09-19
The petitioner's proposed endeavor involves operating as a wholesale and retail food distributor. The specific details of the endeavor's scope, methodologies, or intended impact are not elaborated in the provided text.

Entrepreneur

Food and Beverage

USCIS EB-2 (NIW) rfe remanded
2024-09-26
The petitioner proposes an endeavor within the food industry. The specific details of the research area, methodologies, or intended impact are not elaborated in the provided text, beyond a general reference to 'the impact of her proposed endeavor'.

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: 2024-08-27.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist