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dismissed EB-2 (NIW)

Co-Owner And General Manager

Moving And Storage Business · 2024-07-16

Decision Date
2024-07-16
Location
Washington
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 and expand an existing moving and storage business that provides residential and commercial moving services and supplies. He plans to expand operations from Washington to other locations in the Western U.S., Texas, and New York, aiming to optimize logistics and procurement functions.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit in the business field, but lacks national importance as it does not demonstrate broader implications for the industry.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not establish he was well-positioned, and the AAO declined to reach a final conclusion as prong 1 was not met.

3 Waiver Benefit to the US Not Met

The petitioner did not demonstrate that, on balance, it would be beneficial to waive the labor certification requirement.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability, failing the professional license and membership criteria. Additionally, under the Dhanasar framework, the endeavor lacked national importance as the projected job creation (90 to 234 employees) and economic impact were not supported by sufficient probative evidence.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Professional Memberships
High Salary
Media Coverage

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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: 2024-07-16.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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