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dismissed EB-2 (NIW) RFE Issued

Founder And Owner Of A Business

Freight Transportations · 2024-06-18

Decision Date
2024-06-18
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 found and manage a transportation company, D-Transportation, LLC, focusing on freight turnover across the United States. The endeavor includes hauling freight for suppliers, manufacturers, and distributors, as well as providing tracking, logistics management, and freight broker services.

Framework Evaluation

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

While the endeavor had substantial merit, it did not demonstrate national importance or broader implications for the industry.

Why This Petition Was Denied

The appeal was dismissed primarily because the proposed endeavor lacked national importance; the Petitioner did not demonstrate that his specific business would impact the field more broadly than his immediate customers. Additionally, the AAO questioned his EB-2 eligibility, noting inconsistencies in his reported work experience as a carpet weaver versus business development, and found his financial projections of $2.3 million in revenue and 25 employees to be unsupported by his actual tax returns.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner provided a business plan and expert letter which were deemed insufficient to show impact beyond the local business.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-06-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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