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dismissed EB-2 (NIW)

Owner And Operator Of A Multimodal Transportation Company

Multimodal Transportation Company / Logistics And Shipping Industry · 2024-07-25

Decision Date
2024-07-25
Location
New York
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 own and operate a multimodal transportation company providing comprehensive logistics solutions by leveraging air, road, rail, sea, and pipelines. The endeavor aims to optimize routes, minimize transit times, and enhance supply chain efficiency through freight management and last-mile delivery.

Framework Evaluation

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

The Director concluded that the business plan did not establish the national importance of the endeavor.

2 Well-positioned to Advance the Endeavor Not Met

Recommendation letters did not link past success to the new entrepreneurial venture, and investment evidence was insufficient.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not show that the benefits of the endeavor outweighed the interest in the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet any of the three Dhanasar prongs. Specifically, the change in location to Pennsylvania was considered a material change after filing, and the evidence failed to demonstrate national importance, the petitioner's positioning to advance the endeavor, or a balanced benefit to the U.S.

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: 2024-07-25.

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At a Glance

Outcome dismissed
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 All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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