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dismissed EB-2 (NIW)

Entrepreneur

Food Service Entrepreneur And Business Advisor · Brazil · 2022-05-17

Decision Date
2022-05-17
Location
Florida, USA
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 his career as an entrepreneur by managing and developing national and international companies, specifically focusing on expanding a Japanese cuisine restaurant network (sushi and poke bowls) with three stores in the United States. He also intends to provide business advisory services in management, marketing strategies, and innovation development.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked evidence of national importance or broader impact on the industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility as an advanced degree professional, lacking five years of progressive post-baccalaureate experience in entrepreneurship. Additionally, he did not meet the first prong of the Dhanasar framework, as he failed to demonstrate that his specific endeavor had national importance or substantial positive economic effects beyond his immediate business.

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Original Contributions

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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: 2022-05-17.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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