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dismissed EB-2 (NIW)

Nutritionist

Nutrition ยท 2024-12-02

Decision Date
2024-12-02
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, a nutritionist, proposes to start a business to provide a complete nutritional solution through modular services. This includes upgrading the quality control, handling, and storage of food in schools and supermarkets, offering food safety consulting, training, nutritional advice, cooking classes, and seminars.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner established substantial merit but failed to demonstrate national importance, as the proposed endeavor's impact was not shown to extend sufficiently beyond her company and clientele to the field of nutrition more broadly, nor to have substantial positive economic effects.

2 Petitioner is well-positioned to advance the endeavor Not Met

The Director concluded the petitioner was not well-positioned, and while evidence related to this prong was submitted on motion, the AAO did not reach this prong in the initial appeal as Prong 1 was dispositive.

3 On balance, it would benefit the US to waive the job offer and labor certification Not Met

The Director concluded it would not be beneficial to the US to waive the requirements, and the AAO did not reach this prong in the initial appeal as Prong 1 was dispositive.

Why This Petition Was Denied

The motion to reopen was dismissed because the submitted evidence (client letters and a contract) was not 'new facts' as they were previously submitted or not relevant to the national importance prong. The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision contained errors of law or policy, specifically regarding the interpretation of 'national importance' and the requirement for substantial positive economic effects or widespread impact beyond clientele.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2024-12-02.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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