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dismissed EB-2 (NIW)

Chief Executive Officer (CEO)

Specialty Lighting Company · 2024-08-14

Decision Date
2024-08-14
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 operate a specialty lighting company, offering consulting services in commercial management advisory, partnership enablement, and export consulting, with the aim of expanding within the U.S. and internationally.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has both substantial merit and national importance Not Met

The petitioner did not provide sufficient evidence to demonstrate that the proposed endeavor had national importance, lacking broader implications beyond client benefits or substantial positive economic effects for the country.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of the proposed endeavor under the first Dhanasar prong. While the petitioner claimed the company would hire 20 direct employees and create 125 jobs (RIMS II projection) within five years, and generate $1,912,294 in net sales, insufficient detail and corroborating evidence were provided to support these projections or show a broad impact on the U.S. economy or industry. The decision noted that the importance of the industry itself or the petitioner's qualifications were not sufficient to establish national importance for the specific endeavor.

Evidence

Evidence Types
Reference Letters Independent
Commercial Success

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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: 2024-08-14.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

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