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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer And General And Operations Manager

Restaurant Industry · Brazil · 2024-05-28

Decision Date
2024-05-28
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 serve as the CEO and manager of his own Brazilian restaurant company, aiming to create a chain of five restaurants in Florida over ten years. Additionally, he intends to work as a business manager and consultant for other restaurants to optimize profits and minimize waste using his technical expertise.

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.

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 he projected creating up to 86 jobs and generating significant tax revenue, the projections were deemed vague and the impact was considered localized to his specific business rather than the broader field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the national importance of the restaurant chain; the petitioner provided a revised business plan and RIMS II economic modeling.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Letters Of Recommendation
Expert Opinion Letter
Articles Or Reports

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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: 2024-05-28.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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