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dismissed EB-2 (NIW)

Chief Executive Officer

Refrigeration Equipment, Specialized In The Food Industry · 2024-05-23

Decision Date
2024-05-23
Location
South Dakota
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 operate a company in South Dakota that sells, installs, and maintains refrigeration equipment specifically for the food industry. The plan includes hiring 18 workers within the first five years to provide specialized technical services and sales in the transportation refrigeration sector.

Framework Evaluation

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

The endeavor was found to have substantial merit but failed to demonstrate national importance or broader implications.

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. While the business plan projected 18 jobs, the record did not demonstrate significant potential for U.S. worker employment or substantial economic effects in an economically depressed area, nor did it show broader implications for the industry.

Evidence

Evidence Types
Business Plan
Articles Publications

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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: 2024-05-23.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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