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dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Area Of Nutritional Supplements

Nutritional Supplements · Brazil · 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 start and manage a company in the sports nutrition and health supplements market. The endeavor involves consulting and training for exporters, attracting foreign investment, and developing new products to be sold to gyms, specialty stores, and personal trainers.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance due to a lack of evidence regarding specific prospective impact or significant economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification due to insufficient evidence of five years of progressive experience. Additionally, the proposed endeavor did not meet the national importance requirement of the first Dhanasar prong, as job creation claims were generic and health impact claims were unsubstantiated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the petitioner's professional qualifications and the national importance of the business; the response included arguments about innovative supplement development and economic multipliers.

RFE Targets
Substantial Merit and National Importanceeb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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
RFE Issued
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

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

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