dismissed EB-2 (NIW) RFE Issued

Majority Owner And General Manager For A Franchise

Pet Food And Grooming Franchise · 2023-10-16

Decision Date
2023-10-16
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 serve as the majority owner and general manager for a pet food and grooming franchise, managing daily operations, sales, and marketing.

Framework Evaluation

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

The petitioner did not demonstrate that the specific endeavor of operating a franchise would have substantial positive economic effects or national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish that the proposed endeavor has substantial merit or national importance (Prong 1). The petitioner attempted to submit a new business plan for a different enterprise on appeal, which was rejected as a material change, and the original plan for a pet franchise lacked evidence of significant economic impact or national implications.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further information regarding the nature of the proposed endeavor; the petitioner responded with a business plan for a franchise.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2023-10-16.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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