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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer

Supply Chain Management And Logistics · Brazil · 2024-06-24

Decision Date
2024-06-24
Location
Florida
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 and run a company in Florida providing specialized logistics and supply chain management consultancy services, specifically focusing on road transport. The goal is to optimize the movement and storage of materials and goods for U.S. businesses to improve overall performance and flow from origin to consumption.

Framework Evaluation

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

The endeavor was found to have substantial merit, but the petitioner failed to establish national importance as the impact was limited to clients and lacked evidence of substantial economic effect.

Why This Petition Was Denied

The appeal was dismissed primarily because the petitioner failed to establish the national importance of the endeavor. The USCIS found that the impact of the consultancy would be limited to the petitioner's clients rather than the field at large. Additionally, the petitioner's job creation estimates (revised from 22 to 15) were not found to be credible or sufficient to demonstrate substantial economic effects, and the petitioner failed to provide evidence of financial means to fund the startup costs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed both the underlying EB-2 qualification and the three-prong national interest waiver test. The petitioner's response included a material change to the business plan (reducing job projections from 22 to 15) and a company name change.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
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: 2024-06-24.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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