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dismissed EB-2 (NIW) RFE Issued

Operating Manager

Supply Chain And Logistics Company · 2024-09-13

Decision Date
2024-09-13
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 start a logistics consulting business in the United States. This business aims to provide economic growth and employment opportunities for U.S. workers by addressing complexities of procurement and international trade, specifically by creating a more innovative and resilient supply chain.

Framework Evaluation

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

The Director determined the endeavor had substantial merit but lacked national importance. The AAO agreed, finding the evidence did not show broad implications or substantial positive economic effects, particularly for essential goods supply chains.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. USCIS found that the evidence did not demonstrate a broad enough impact, particularly regarding the supply chain of essential materials, and lacked objective data to support projections of substantial positive economic effects. The proposed job creation of 5 employees in year one and 16 by year five, and revenue generation of over two million by year five, were deemed insufficient to meet the 'substantial positive economic effects' threshold for national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE issued by the Texas Service Center made conclusions about evidence being insufficient without detailed explanations. The petitioner argued this hindered their ability to appeal. The RFE likely targeted the national importance of the endeavor (Prong 1) and the petitioner's past performance and ability to advance the endeavor (Prong 2).

RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 2

Evidence

Evidence Types
Business Plans
Reference Letters Dependent
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: 2024-09-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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