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dismissed EB-2 (NIW) RFE Issued

Founder And Owner Of A Freight Transportation (Trucking) Business

Freight Transportation (Trucking) Business · Georgia · 2025-04-01

Decision Date
2025-04-01
Location
United States
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 act as the founder and owner of a freight transportation (trucking) business, specifically focusing on the vehicle shipping segment. The endeavor aims to provide car shipping services and logistics within the United States transportation network.

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 national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to demonstrate he was well-positioned due to vague plans and inconsistent employment history.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet at least three of the six criteria for exceptional ability, specifically failing on academic record, licensing, salary, and professional memberships. Additionally, under the Dhanasar framework, the petitioner did not establish the national importance of the endeavor (Prong 1) or that he was well-positioned to advance it (Prong 2) due to material inconsistencies in his record.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for all EB-2 criteria and Dhanasar prongs; the petitioner provided a law degree and CDL, which were deemed insufficient or irrelevant.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavorprong 3

Evidence

Evidence Types
Professional Memberships
High Salary
Commercial Success
Academic Records
Licenses

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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: 2025-04-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

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

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