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dismissed EB-2 (NIW) RFE Issued

General Operations Manager

General Operations Management, Supply Chain Management, And International Trade (Rubber And Plastic Products) · Brazil · 2022-02-09

Decision Date
2022-02-09
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 company, V-, providing consulting and services in supply chain management, including the import, export, and distribution of rubber and plastic products (such as hoses and adhesives) between the U.S. and Brazil. The endeavor aims to advise U.S. companies on operational planning and facilitate cross-border projects and international trade.

Framework Evaluation

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

The petitioner failed to show that the proposed business operations would impact the field or the U.S. economy at a level commensurate with national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner introduced material changes to the endeavor after the filing date, which cannot retroactively establish eligibility.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed Dhanasar prongs 1 and 2. Specifically, the petitioner made material changes to the endeavor after filing (switching from seeking employment to starting a new business), failed to show the endeavor had national importance rather than just benefiting his own company, and provided insufficient detail to support job creation and revenue projections.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence for national importance. The petitioner responded by submitting a revised business plan for a newly formed company, V-.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Original Contributions

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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: 2022-02-09.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

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

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