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dismissed EB-2 (NIW)

Franchise And Business Management Consultant

Franchise And Business Management Consultant · 2024-07-08

Decision Date
2024-07-08
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 work as a franchise and business management consultant through his company in Florida, offering financial advisory services, strategic planning, and mergers and acquisitions support specifically to fast-food restaurants. He also plans to provide executive training programs for Chartered Financial Analyst (CFA) and Certified Management Accountant (CMA) designations.

Framework Evaluation

1 of 3 criteria met
1 Well Positioned to Advance the Endeavor Met

The petitioner was found to be well positioned due to his advanced degrees and professional certifications.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked national importance as its impact was localized to specific clients.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner failed to demonstrate that the benefits of his work outweighed the requirement for labor certification.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1). Although he holds an MBA and a Bachelor's in Electrical Engineering and has professional certifications (CFA, CMA), his business plan's projections for creating six jobs and generating approximately $500,000 in revenue were deemed insufficient to show a broader national impact.

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Dependent
Awards
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: 2024-07-08.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 4

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

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