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dismissed EB-2 (NIW)

Goldsmith

Jewelry Manufacturing, Distribution, Research, And Consulting Business · Brazil · 2024-07-22

Decision Date
2024-07-22
Location
South 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 establish a jewelry manufacturing, distribution, research, and consulting business in the United States. He intends to open a factory using microfusion and 3D prototyping technologies to produce high-quality jewelry, conduct research to reduce manufacturing costs, and assist law enforcement in identifying counterfeit products.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on his professional knowledge and experience.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance because the record does not document a potential prospective impact on the industry or economy.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not demonstrate that waiving the labor certification requirement would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish he is a member of the professions, as a goldsmith typically requires vocational training rather than a bachelor's degree. Additionally, under the Dhanasar framework, he failed to prove the national importance of his endeavor (Prong 1) or that a waiver would benefit the U.S. (Prong 3), despite having two patent applications for metal alloys.

Evidence

Evidence Types
Patents
Reference Letters Dependent
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: 2024-07-22.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

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

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