dismissed EB-2 (NIW)
Operation Manager
Food Retail Industry · 2024-05-31
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 seeks to work as an operations manager in the food retail industry, leveraging 18 years of knowledge in the retail business. The specific details of the proposed work projects or methodologies were not elaborated upon in the decision.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to identify specific errors in the Director's decision and did not demonstrate meeting at least three of the six evidentiary criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). The record included an IRS Form 1099-NEC and letters from colleagues, but these did not sufficiently establish the required degree of expertise.
Evidence
Evidence Types
Reference Letters Dependent
Similar Cases
Operations Manager
Automotive
USCIS EB-2 (NIW) dismissed
Florida 2024-09-16
The Petitioner intends to come to the United States to conduct her proposed endeavor as a "General and Operations Manager." She states she will work for an "Auto Parts Wholesaling Services firm" that is "planned to be headquartered in Florida." Specifically, the Petitioner proposed she would "steer the enterprise" utilizing her prior experience "in international purchasing, supplier sourcing, administrative and financial management, human resources management, financial planning and reporting, strategic leadership, health and safety management, accounting, and software proficiency."
General Manager
Hospitality
USCIS EB-2 (NIW) dismissed
2025-01-06
The Petitioner proposes to work as a general and operations manager. The endeavor is presented as having national importance, with the Petitioner being well-positioned to advance it, and that waiving the job offer and labor certification requirements would be beneficial to the United States.
Business Manager
Food and Beverage
USCIS EB-2 (NIW) rfe remanded
2024-11-13
The petitioner proposes to work as an entrepreneur and expand her current business in the food and beverage industry. This endeavor aims to contribute to the national interest by growing a business within a specific sector.
Others
Others
USCIS EB-2 (NIW) dismissed
2024-09-11
The Petitioner proposes to be a sales operation manager and intends to offer courses in the field of sales. In her initial cover letter, the Petitioner states that she will accomplish the following goals: "I will promote business development in the business field ultimately contributing to the markets in the United States. I will use my knowledge and expertise to expand communication channels in national and international markets, multiplying sales through my consulting expertise by playing a critical role in the marketing process in different segments that involve technical sales, directly impacting several companies and revenues in the United States."
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
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-31.
Browse all casesAt a Glance
Outcome dismissed
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
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist