dismissed EB-2 (NIW)

Trucking Entrepreneur

Materials Transportation Industry · Uzbekistan · 2024-12-11

Decision Date
2024-12-11
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 trucking business in the United States, offering a wide range of materials transportation services for individuals and organizations. The endeavor aims to stimulate economic activity, provide employment, and contribute to the national economy through its operations.

Framework Evaluation

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

The Petitioner failed to provide sufficient evidence to demonstrate that his proposed trucking endeavor had national importance, as the financial projections and job creation estimates lacked adequate support and did not prove a substantial positive economic effect on a national level.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that his proposed endeavor had national importance. The business plan projected 35 direct jobs and $531,445 in net profit after five years, but lacked supporting evidence for these forecasts and for the claim of 97 indirect jobs or a $58.2 million contribution to the U.S. economy. The evidence presented, including general market data on the trucking industry, was deemed insufficient to prove national importance beyond local or narrow ripple effects. The first Dhanasar prong was not met, and the remaining prongs were not evaluated.

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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: 2024-12-11.

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At a Glance

Outcome dismissed
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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