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dismissed EB-2 (NIW)

Nutritionist

Nutritionist ยท 2024-10-08

Decision Date
2024-10-08
Location
Florida, USA
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 found a startup nutrition consulting services company based in Florida, employing 17 individuals within the first five years of operations.

Framework Evaluation

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

USCIS found that the record did not establish the proposed endeavor would have national importance, lacking corroboration for assertions of financial bridges and economic development, and not demonstrating sufficiently broad implications for the field.

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

The second Dhanasar prong was reserved as unnecessary to the ultimate decision.

3 On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements Not Met

The third Dhanasar prong was reserved as unnecessary to the ultimate decision.

Why This Petition Was Denied

The motion to reopen was dismissed because the petitioner failed to submit new material documentary evidence; the submitted media publications were deemed immaterial as they did not address the petitioner's specific endeavor or its national implications. The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy, essentially reasserting previous arguments without demonstrating error. The core issue remained the failure to establish national importance under the first Dhanasar prong.

Evidence

Evidence Types
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: 2024-10-08.

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

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