dismissed EB-2 (NIW)
Petitioner (Bakery Owner/Manager)
Food Service Management And The Hospitality Industry · Brazil · 2024-04-22
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 establish a bakery in Florida to introduce Brazilian culinary products to Americans, with a specific focus on sweets and traditional Brazilian items.
Framework Evaluation
0 of 3 criteria met1 Substantial Merit and National Importance Not Met
The record did not establish how a specific local bakery would have the type of broader implications contemplated by the national importance standard.
Why This Petition Was Denied
The appeal and subsequent motions were dismissed because the proposed bakery lacked national importance under the first Dhanasar prong. The evidence provided was generalized to the hospitality industry and did not show significant potential for job creation or substantial economic effects in a depressed area.
Evidence
Evidence Types
Reference Letters Dependent
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-22.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674
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