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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Logistics Field ยท 2024-08-02

Decision Date
2024-08-02
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 use a jointly owned company to provide logistics services to U.S. companies and to export goods from the United States to Brazil. The endeavor aims to capitalize on increasing demand for logistics services.

Framework Evaluation

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

The petitioner failed to demonstrate that the proposed endeavor had substantial merit and national importance, as the business plan's projections were speculative and lacked objective basis, and the national importance was not adequately tied to the specific endeavor.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under Dhanasar's first prong. The business plan's forecasted revenue, profits, and employment creation lacked objective calculation methodology, rendering them speculative. Evidence related to economically distressed areas was not considered as it was new evidence submitted on appeal and post-dated the petition filing. The business plan also contained inadequacies in operational descriptions and questionable claims regarding office rent.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director's decision noted the business plan was inadequate because it did not indicate how its projections for revenue, profits, and employment creation were calculated. The petitioner's appeal brief did not adequately address this methodology, and new evidence submitted on appeal was not considered.

RFE Targets
The proposed endeavor has both substantial merit and national importance

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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: 2024-08-02.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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

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