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dismissed EB-2 (NIW) RFE Issued

Chef And Entrepreneur

Management And Consulting Industry · Brazil · 2023-12-19

Decision Date
2023-12-19
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 business consulting company in the field of gastronomy, providing services for new and established ventures including business plans, menu design, and staff training. Additionally, the endeavor involves facilitating foreign direct investment between the U.S. and Brazil and conducting social projects in underserved communities.

Framework Evaluation

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

The proposed endeavor was found to be too expansive and lacked the specificity required to determine national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner's culinary background did not support his ability to advance a business management and FDI consulting firm.

Why This Petition Was Denied

The appeal was dismissed because the proposed endeavor was not sufficiently specific or consistent, covering too many disparate activities. Furthermore, the petitioner's education and experience as a chef and professor did not demonstrate he was well-positioned to advance a business development or FDI endeavor. The petitioner held a master's degree equivalent but lacked specific metrics like high citations or funding to overcome these deficiencies.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to clarify the national importance of the endeavor. The petitioner's response introduced inconsistencies regarding whether he would be an entrepreneur or an employee.

RFE Targets
Substantial Merit and National Importance

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: 2023-12-19.

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

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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