dismissed EB-2 (NIW)

Nutritionist

Nutrition And Food Safety Consulting · 2024-07-01

Decision Date
2024-07-01
Location
Florida
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 develop a nutritional solution providing food safety consulting, employee training, and nutritional advice to schools and supermarkets. She aims to improve food quality control and handling while teaching children healthy eating habits to impact their long-term health.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not show broader implications beyond the petitioner's specific business and clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of her endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the projected job creation (25 direct jobs by year 5) and revenue ($2.2 million) were not supported by sufficient evidence to show substantial positive economic effects. Additionally, the work was found to primarily benefit the petitioner's specific clientele rather than the industry or U.S. economy as a whole.

Evidence

Evidence Types
Media Coverage
Reference Letters Independent
Business Plan

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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: 2024-07-01.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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