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dismissed EB-2 (NIW)

Financial Manager And Entrepreneur

Mining And Construction Field · Mongolia · 2024-12-05

Decision Date
2024-12-05
Location
Virginia
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 work as a financial manager and start a company specializing in the sale of mining equipment and parts throughout the United States and abroad. The company aims to act as a bridge for the export and import of heavy machinery, equipment, and parts for the mining and construction field to Mongolia, other Asian countries, and Canada, while also serving small businesses in the U.S. mining sector.

Framework Evaluation

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

The petitioner did not provide sufficient evidence to demonstrate that the prospective impact of his proposed endeavor rises to the level of national importance, failing to show broader impact or significant economic effects beyond individual clients.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The petitioner failed to provide requested documentation reflecting plans to financially support his proposed endeavor, including corroboration of an alleged $1,000,000 initial investment.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

USCIS did not reach a determination on the third prong, stating that further analysis would serve no meaningful purpose given the findings on the first two prongs.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish national importance for Prong 1 and was not well-positioned to advance the endeavor for Prong 2. For Prong 1, projections of 33 direct jobs, 165 indirect jobs, $2,408,962.50 revenue, and $367,614.28 in taxes by year five were deemed insufficiently supported and not significant enough to demonstrate national importance. The HUBZone status was irrelevant as the petitioner is not a U.S. citizen. For Prong 2, the petitioner failed to provide documentation for financial support and corroboration of a $1,000,000 initial investment.

Evidence

Evidence Types
Commercial Success
Government Alignment
Reference Letters Independent
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: 2024-12-05.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

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

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