Visalytics
Visalytics
dismissed EB-2 (NIW)

Chief Executive Officer

Logistics · 2025-04-15

Decision Date
2025-04-15
Location
Pennsylvania
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 logistics consulting business providing strategic guidance to optimize supply chains for various industries including manufacturing and e-commerce. Additionally, the petitioner intends to develop a mobile application for coordinating food deliveries and household chore contractors.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked national importance due to unreliable financial projections, inconsistent location data, and a lack of evidence for broader impact beyond specific clients.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong was not met, and the AAO declined to reach a final conclusion as the first prong was dispositive.

3 Waiver of Job Offer and Labor Certification Not Met

The Director found this prong was not met, and the AAO declined to reach a final conclusion as the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the first prong of the Dhanasar framework. The record contained material inconsistencies regarding the business location, job titles, and salary figures ($150,000 vs $85,000), which undermined the reliability of the economic impact claims. Furthermore, the proposed services were found to be typical of the industry without broader field-wide implications.

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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: 2025-04-15.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

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

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