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dismissed EB-2 (NIW) RFE Issued

Truck Driver And Shipping Executive

Freight Shipping Company · 2024-06-20

Decision Date
2024-06-20
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 operate a Florida-based freight shipping company specializing in tank and refrigeration trucking for bulk commodities. The endeavor involves moving specialized cargo such as automobiles, chemicals, frozen goods, and petroleum to serve various sectors across the United States.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

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

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not satisfy the national importance requirement of the first Dhanasar prong. While the business plan projected revenue growing from $727,000 to over $6 million and the creation of 20 jobs, the evidence did not show these figures would have a substantial regional or national economic impact. The petitioner relied on the general importance of the trucking industry and labor shortages rather than the specific impact of his individual endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the proposed endeavor. The petitioner responded with a business plan and industry reports, but the Director found these insufficient to show impact beyond the local level.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
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: 2024-06-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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