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dismissed EB-2 (NIW) RFE Issued

Nutnt10nist

Nutritionist ยท 2024-10-08

Decision Date
2024-10-08
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 "brand-new nutrition culture" among children through her company, I (the !Florida, located in Florida. This endeavor aims to lead to social progress and reduce the national chronic disease index by promoting child nutrition, advocating for policy changes, engaging communities and parents through educational and cooking programs and workshops, and providing services to schools such as inspection of hygiene protocols for food handling and consulting on nutritional needs and menu preparation. It also focuses on training professionals to prepare menus and monitor children's daily routines.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The endeavor was found to have substantial merit, but the petitioner failed to establish its national importance, as evidence did not sufficiently demonstrate broader implications or significant positive economic effects beyond local impact. Assertions of replication and economic benefits were not adequately supported.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under Dhanasar Prong 1. While the endeavor had substantial merit, USCIS found insufficient evidence that its broader implications would influence matters of national interest or provide substantial positive economic effects. The business plan's projections for 24 jobs and $2.297 million in revenue by the fifth year lacked detailed basis, and the RIMS analysis relied on unproven assumptions. Expert letters and school official endorsements spoke to the merit but not the national importance. The petitioner's assertions of replication and national impact were not supported by evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to address deficiencies in establishing eligibility for the national interest waiver, particularly concerning the Dhanasar prongs. The petitioner responded by arguing that the Director misinterpreted the national importance standard and provided additional arguments for how her local endeavor could have national implications.

RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Independent
Government Alignment
Commercial Success
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
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

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

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