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dismissed EB-2 (NIW)

Industrial Production Manager And Entrepreneur

Lighting Fixture Industry ยท 2024-08-30

Decision Date
2024-08-30
Location
California
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 be the industrial production manager of his own company that will manufacture and sell industrial, residential, and decorative lighting. He intends to establish his headquarters in California and expand to Florida and Massachusetts.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate national importance through significant job creation, substantial economic effects, or broader industry impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor satisfied the national importance element of Dhanasar's first prong. While the endeavor had substantial merit, the record did not establish significant potential for job creation (43 direct jobs projected over 5 years, but not deemed substantial enough) or other substantial positive economic effects commensurate with national importance. Claims of 'ripple effects' and broader industry impact were not sufficiently detailed or supported by corroborating evidence. The petitioner's assertions regarding HUBZone benefits were also not adequately evidenced.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-08-30.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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