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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Retail Shoe Stores · Mongolia · 2024-05-14

Decision Date
2024-05-14
Location
Illinois
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 develop a retail shoe store chain, opening ten stores in SBA-designated HUBZones across Illinois, Wisconsin, California, and Florida. The endeavor aims to offer a variety of footwear for children, healthcare workers, and specific workplace environments.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

While the endeavor has substantial merit in business, it lacks national importance as its impact is limited to the business itself rather than the broader U.S. economy.

2 Well Positioned to Advance the Endeavor Not Met

The petitioner did not establish how their legal education or past experience in Mongolia translated to being well-positioned for this specific U.S. retail endeavor.

3 Waiver Benefit Not Met

The petitioner did not demonstrate that the benefits of waiving the labor certification outweighed the requirement, especially as the first two prongs were not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed all three Dhanasar prongs. Specifically, the retail business lacked national importance, the petitioner's law degree was not directly relevant to entrepreneurial success in this field, and inconsistencies in work experience documentation undermined the EB-2 advanced degree qualification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to clarify the petitioner's professional experience and the national impact of the shoe business. The response included conflicting rental agreements and inconsistent dates regarding the business's history.

RFE Targets
Substantial Merit and National ImportanceWell Positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Awards
Media Coverage
Original Contributions

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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: 2024-05-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

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

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