dismissed EB-2 (NIW)

Travel Agency Owner

Tourism And Travel · 2024-08-06

Decision Date
2024-08-06
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 work as a businesswoman in tourism and travel, providing travel advice with an emphasis on special needs individuals and B2B customers. She also intends to consult and train small businesses and non-profit organizations in administrative and marketing areas, and provide rental vacation homes through advancing construction activities in the U.S.

Framework Evaluation

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

The Director and AAO found that while the endeavor had substantial merit, the petitioner failed to establish its national importance, relying on general industry significance rather than specific, direct impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance prong of the Dhanasar framework. While the endeavor had substantial merit, USCIS found that the petitioner relied on generalized statements and industry reports without providing specific, corroborating evidence to demonstrate how her business would produce significant national economic benefits or sufficiently extend beyond her potential clients. The projected hiring of 10 professionals and sales of $2,299,200 over 5 years were not deemed sufficient to establish national importance.

Evidence

Evidence Types
Commercial Success

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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: 2024-08-06.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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