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dismissed EB-2 (NIW)

CEO

Franchise Brokerage And Consulting Business · United Kingdom · 2024-04-23

Decision Date
2024-04-23
Location
North Carolina
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 and operate a franchise brokerage and consulting business targeting international investors. The endeavor involves matching investors with vetted franchisors, guiding them through the nuances of opening a U.S. business, and providing extended mentorship post-launch.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked evidence of national importance.

2 Well Positioned to Advance the Endeavor Not Met

The AAO expressed doubt because the petitioner's experience was in automotive repair rather than franchise brokerage.

3 On Balance, Beneficial to the U.S. Not Met

The petitioner did not demonstrate that the benefits of the waiver outweighed the requirement of a labor certification.

Why This Petition Was Denied

The petitioner failed to meet the first prong of Dhanasar because the evidence did not show how the specific endeavor would have a nationally significant impact. The record lacked specific evidence regarding the magnitude of foreign direct investment or the economic status of the proposed business location to support claims of national importance.

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-04-23.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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 United Kingdom All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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