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dismissed EB-2 (NIW)

Food Safety Consultant

Food Industry · 2024-06-17

Decision Date
2024-06-17
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 build on experience in packaging manufacturing processes for the food industry to enhance the cycle of continuous improvement of food safety practices. He intends to advise companies on food safety standards and compliance while disseminating work through conferences, tutorials, and focused training.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit due to the importance of food safety, but it failed to demonstrate national importance as the impact was limited to individual clients.

2 Well-positioned to Advance the Endeavor Not Met

The adjudicator declined to reach a conclusion on this prong because the failure to meet the first prong was dispositive.

3 On Balance, Waiving the Job Offer is Beneficial Not Met

The adjudicator declined to reach a conclusion on this prong because the failure to meet the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. Although the endeavor had substantial merit, the evidence provided (such as general industry reports and a business plan) did not show that the work would have a broader impact on the field or the U.S. economy beyond the petitioner's specific clients.

Evidence

Evidence Types
Conference Presentations
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-06-17.

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At a Glance

Outcome dismissed
Criteria Met 1 / 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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