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dismissed EB-2 (NIW)

Founding Owner

Transport And Logistics Business · 2024-10-24

Decision Date
2024-10-24
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 operate a transport and logistics business. The endeavor aims to improve transportation access to remote or underserved areas and contribute to the U.S. economy and society.

Framework Evaluation

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

The petitioner did not establish the national importance of the proposed endeavor, with USCIS questioning hiring projections and the conclusory nature of expert letters.

2 Petitioner is well-positioned to advance the endeavor Not Met

USCIS declined to make a final determination on this prong, as the appeal was dismissed based on the national importance issue.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

USCIS declined to make a final determination on this prong, as the appeal was dismissed based on the national importance issue.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to present new facts or demonstrate an incorrect application of law regarding the national importance of the proposed endeavor (Dhanasar Prong 1). USCIS questioned the reliability of hiring projections (16 truck drivers in five years given a shortage), found expert letters conclusory, and noted a lack of evidence showing national-level economic impact. The AAO did not make a final determination on Dhanasar Prongs 2 and 3.

Evidence

Evidence Types
Business Plan
Reference Letters Independent

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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: 2024-10-24.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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