dismissed EB-2 (NIW)

Director Of Operations

Supermarket And Grocery Store Industry · 2024-06-25

Decision Date
2024-06-25
Location
Georgia
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 establish a mixed-use grocery store offering fresh healthy staple goods and daily cooked meals to improve food accessibility and eliminate food insecurities in underserved communities. The endeavor includes selling food through delivery services, employing and training local individuals, and offering cooking classes.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). Although the business plan projected $2,168,517 in revenue and 71 jobs by the fifth year, the evidence did not demonstrate that these figures would result in substantial positive economic effects or broader implications for the industry beyond the local business.

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Other

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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: 2024-06-25.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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