dismissed EB-2 (NIW)
Entrepreneur
Physical Fitness Industry ยท 2024-09-09
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 boost local economies, support small businesses, and create opportunities for local communities. This endeavor is part of his work as an entrepreneur in the physical fitness industry.
Framework Evaluation
0 of 3 criteria met1 Proposed endeavor has substantial merit and national importance Not Met
The Petitioner's statements about boosting local economies, supporting small businesses, and creating opportunities for local communities were not sufficiently supported by relevant, probative, and credible evidence.
Why This Petition Was Denied
The motion to reopen was dismissed because no new facts or documentary evidence were presented. The motion to reconsider was dismissed as the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The original appeal decision found that the Petitioner did not meet the first prong of the Dhanasar framework, as statements regarding boosting local economies, supporting small businesses, and creating opportunities were not sufficiently supported by relevant, probative, and credible evidence.
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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: 2024-09-09.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
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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