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dismissed EB-2 (NIW) RFE Issued

Operating Manager

Freight Transportation Industry · 2024-05-09

Decision Date
2024-05-09
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 freight transportation company that will transport general freight and dry goods. The plan includes employing 20 workers within the first three years, including drivers, dispatchers, and managers.

Framework Evaluation

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

The endeavor was found to have substantial merit but failed to demonstrate national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong was not satisfied, and the AAO declined to reach a detailed conclusion as the first prong was not met.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong was not satisfied, and the AAO declined to reach a detailed conclusion as the first prong was not met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the business plan projected 20 jobs, the evidence did not show significant potential for substantial positive economic effects or broader industry implications beyond the company's immediate clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned the petitioner's EB-2 eligibility and the national interest waiver criteria. The petitioner provided a business plan and general industry reports, which failed to show the specific impact of his endeavor.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

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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: 2024-05-09.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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