dismissed EB-2 (NIW)
Entrepreneur In The Restaurant Industry, Top Executive
Restaurant Industry · China · 2024-11-18
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, an entrepreneur in the restaurant industry, seeks employment-based second preference (EB-2) immigrant classification as an individual of exceptional ability. The specific details of the proposed endeavor for the national interest waiver were not evaluated by USCIS.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to demonstrate eligibility for the EB-2 exceptional ability classification. The Director initially found four criteria met, but the AAO withdrew two of these (license to practice and recognition for achievements), concluding the Petitioner did not meet the required three of six evidentiary criteria. Specifically, business licenses for operations in China did not qualify as a license to practice a profession, and letters of recommendation, awards, certificates, and media articles for her restaurants did not demonstrate recognition for significant contributions to the broader industry. The Petitioner's salary, even at RMB 2,524,715 yuan (including dividends) in 2023, was not deemed indicative of exceptional ability when compared to the highest pay for a CEO in China (RMB 4 million) and lacked sufficient comparative data. As the Petitioner did not qualify for the underlying EB-2 classification, the national interest waiver prongs were not evaluated.
Evidence
Evidence Types
Awards
Media Coverage
Reference Letters Dependent
High Salary
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-18.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 4
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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