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dismissed EB-2 (NIW)

General And Operation Manager

Paint Manufacturing And Packaging Services · 2025-03-25

Decision Date
2025-03-25
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 establish a consulting and training company providing advanced services to the U.S. paint manufacturing and packaging sectors. The endeavor aims to enhance operational efficiency, safety, and sustainability while seeking leadership positions in the general and operations sector.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it does not show broader implications for the field or substantial national economic effects.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner was not well-positioned; the AAO declined to reach this issue in detail as Prong 1 was not met.

3 Waiver of Job Offer and Labor Certification Not Met

The petitioner did not demonstrate that, on balance, a waiver would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the business plan projected 21 jobs and $6.285 million in revenue by the fifth year, these metrics were found to lack sufficient basis and did not demonstrate impact beyond the immediate business area. Additionally, the petitioner did not establish eligibility for the underlying EB-2 classification as an individual of exceptional ability.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2025-03-25.

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

Related Pages

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

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