Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Truck Driver And Business Owner

Road Transport And Logistics Field · Russia · 2023-05-16

Decision Date
2023-05-16
Location
Pennsylvania
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 work as a truck driver and entrepreneur, eventually transitioning to owning and operating a shipping company. The work involves long-distance driving, coordinating logistics, and managing the transport of general freight, dry goods, and specialized materials like chemicals.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that the occupation of truck driver or business owner in the logistics field requires an advanced degree, which is a prerequisite for EB-2 classification. Although the petitioner holds a master's degree in materials science from a Russian university, the record did not show that his proposed work normally requires such a high-level degree. The AAO reserved judgment on the Dhanasar prongs because the threshold EB-2 qualification was not met.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the petitioner's qualification for the EB-2 category, specifically asking how the role of a truck driver requires an advanced degree. The petitioner responded by shifting the focus to his role as an operations manager and business owner.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent

Similar Cases

Others

Logistics · Uzbekistan

USCIS EB-2 (NIW) dismissed
2025-03-03
The petitioner proposes to seek employment in the trucking industry, eventually owning and operating his own trucking company engaged in interstate transportation. The business would provide dispatcher services for transportation companies, responding to emergency and non-emergency calls, monitoring routes, and recording information to assist stakeholders.

Supply Chain Manager

Logistics

USCIS EB-2 (NIW) rfe dismissed
2025-02-26
The petitioner proposes to work as a truck driver and open his own trucking company in the United States. His business plan describes strategies for cost management, driver shortage mitigation, supply chain challenges, and recruitment.

Entrepreneur

Logistics

USCIS EB-2 (NIW) remanded
Pennsylvania 2024-08-05
The petitioner proposes to own and operate a cargo trucking company, which will provide transportation of materials, equipment, and goods to businesses operating in various industries in the United States.

Others

Transportation · Brazil

USCIS EB-2 (NIW) rfe dismissed
2024-08-09
The Petitioner proposes to work as an entrepreneur in the transportation and logistics industry in the United States.

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

More dismissed cases More Logistics cases More cases from Russia

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-05-16.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

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 Russia All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist