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dismissed EB-2 (NIW)

Chief Executive Officer

Sports Industry · 2024-12-06

Decision Date
2024-12-06
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 intends to serve as the chief executive officer of his company, with the goal of elevating the performance of athletes and coaches to foster the advancement in sports. The company plans to establish performance pathways for athletes and coaches, offering services like performance enhancement programs, research and development, sports problem-solving, sport program development, and community engagement. It will provide cutting-edge training methods, injury prevention, and nutritional guidance to athletes, and develop employee wellness programs for corporate clients.

Framework Evaluation

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

USCIS found the endeavor had substantial merit but failed to demonstrate national importance, as benefits were limited to prospective clients and economic projections were not sufficiently explained or shown to be nationally impactful.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the national importance of his endeavor under Dhanasar's first prong. While the endeavor had substantial merit, the evidence did not show benefits beyond direct customers or a significant potential to employ U.S. workers or generate substantial positive economic effects at a national level. Projected revenue of $4.2 million and 25 employees (creating 80 indirect jobs) by the fifth year were deemed insufficient to establish national importance, and the basis for these projections was not sufficiently explained. The decision did not evaluate Dhanasar's second and third prongs.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Government Alignment

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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: 2024-12-06.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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