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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer

Lumber Retailer And Wholesaler · Brazil · 2024-06-24

Decision Date
2024-06-24
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 operate as the CEO of a newly created lumber retailer and wholesaler in Florida, focusing on importing specific wood products from Brazil. The endeavor aims to supply the local construction market, create jobs, and promote trade relations between the U.S. and Brazil.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked the prospective impact or broader implications to be considered nationally important.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner was not well-positioned, and the AAO declined to reach a final conclusion as Prong 1 was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Significant financial discrepancies were found between the initial business plan (projecting $2 million revenue) and the RFE response (projecting $20 million), which remained unresolved. Additionally, the proposed creation of 12 jobs and the scale of operations were not shown to offer substantial positive economic effects commensurate with national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought more evidence on national importance and the petitioner's positioning. The petitioner responded with a new financial overview that contradicted previous filings, leading to unresolved inconsistencies.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-06-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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