dismissed EB-2 (NIW)

Chief Executive Officer

Franchise Business Manager And Operations Director · Brazil · 2024-07-25

Decision Date
2024-07-25
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 serve as CEO of a Florida-based LLC that assists U.S. companies in scaling sales to other markets using the franchise model. The endeavor aims to help existing American franchises improve operations and expand their market reach.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not show broader implications beyond the company's specific clientele or significant economic impact relative to the industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor. Although the business plan projected 31 direct and 47 indirect jobs and $486,189 in taxes by the fifth year, these figures were deemed insufficient to show a substantial positive economic effect in a $670 billion industry. Furthermore, the impact was found to be limited to the petitioner's clients rather than the field at large.

Evidence

Evidence Types
Business Plan
Reference Letters Dependent
Media Coverage
Publications

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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: 2024-07-25.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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