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dismissed EB-2 (NIW)

Entrepreneur

Tourism Industry · 2024-07-08

Decision Date
2024-07-08
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 is an entrepreneur in the tourism industry who intends to operate a travel agency. The endeavor involves providing travel services and leveraging her experience as a business owner and president in the field.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The petitioner failed to demonstrate that the proposed endeavor has national importance.

2 Well Positioned to Advance the Endeavor Not Met

The petitioner did not establish she was well positioned, specifically failing to prove the required progressive work experience.

3 Balance of Interests Not Met

The petitioner did not establish that waiving the labor certification would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor and did not prove five years of progressive post-baccalaureate experience for EB-2 qualification. The evidence submitted, including a business plan and a letter from a former partner, was deemed insufficient or non-objective.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-07-08.

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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

Related Pages

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

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