dismissed EB-2 (NIW)
Entrepreneur
Restaurant Industry · 2024-10-01
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 open a Brazilian restaurant in Florida.
Framework Evaluation
0 of 3 criteria met1 Proposed endeavor has substantial merit and national importance Not Met
The petitioner has not established that his proposed endeavor has broader implications in his industry, and therefore has not established that his endeavor is of national importance under the first Dhanasar prong.
Why This Petition Was Denied
The motion to reopen was dismissed because new industry articles did not specifically address the petitioner's proposed endeavor and were submitted after the filing date, thus not establishing eligibility as of the priority date. The motion to reconsider was dismissed because the petitioner did not explain how the prior decision was based on an incorrect application of law or policy, nor did he specify what evidence was improperly evaluated under the Dhanasar framework. The first Dhanasar prong regarding national importance was not met as the proposed endeavor lacked broader implications in the industry.
Evidence
Evidence Types
Articles
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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: 2024-10-01.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687
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