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dismissed EB-2 (NIW)

Entrepreneur

Grocery Store · 2025-02-13

Decision Date
2025-02-13
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 grocery store that provides fresh healthy food staples, cooked meals, and packaged, prepared meals. Her ultimate goal is for this endeavor to expand and serve as a model that can be adopted and implemented state and nationwide.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

USCIS found that while the industry has substantial merit, the petitioner's specific endeavor did not demonstrate a prospective impact rising to the level of national importance, as its benefits were limited to direct customers and employees.

2 Petitioner is well-positioned to advance the endeavor Not Met

Although the petitioner has extensive experience, the decision did not explicitly find her well-positioned to advance an endeavor of national importance, as the focus was on the lack of national importance of the endeavor itself.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

Given that the first two prongs were not met, USCIS concluded that waiving the job offer and labor certification requirements would not benefit the U.S. on balance.

Why This Petition Was Denied

The motion to reopen was dismissed because the petitioner failed to substantially comply with the Lozada threshold requirements for ineffective assistance of counsel, specifically by not providing former counsel an opportunity to respond to allegations. Furthermore, the new evidence submitted did not establish new facts to warrant reopening, as it failed to demonstrate that the petitioner's specific grocery store endeavor would have a prospective impact commensurate with national importance beyond direct customers and employees, or that her economic projections were sufficiently supported.

Evidence

Evidence Types
Reference Letters Independent
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: 2025-02-13.

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At a Glance

Outcome dismissed
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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