dismissed EB-2 (NIW)

Business Development Specialist

Textile, Food, And Automotive Industries · 2024-10-15

Decision Date
2024-10-15
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 provide business development services to companies in the textile, food, and automotive industries. The record does not clarify if the Petitioner intends to be employed by such companies or operate a consulting services company.

Framework Evaluation

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

USCIS found the record did not establish the proposed endeavor would have national importance, citing a lack of evidence regarding projected direct economic impacts or job creation, and noting that a shortage of qualified professionals alone does not satisfy this prong.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The original denial and appeal dismissal were due to insufficient evidence demonstrating the national importance of the proposed endeavor, particularly lacking information on projected direct economic impacts or job creation, thus failing to satisfy the first Dhanasar prong.

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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: 2024-10-15.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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