dismissed EB-2 (NIW)

Chief Executive Officer

Transportation Company · 2024-05-06

Decision Date
2024-05-06
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 serve as the CEO of a startup transportation company in Florida providing parcel and pallet shipments. The endeavor aims to optimize supply chain management strategies and reduce shipping costs for clients through comprehensive logistics strategies.

Framework Evaluation

1 of 3 criteria met
1 Well Positioned to Advance Endeavor Met

The Director initially found the petitioner well positioned based on qualifications and experience.

2 Substantial Merit and National Importance Not Met

The endeavor has merit but lacks evidence of national importance or broader implications for the field.

3 On Balance Benefit to U.S. Not Met

The record did not establish that waiving the job offer requirement 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 proposed endeavor under the first Dhanasar prong. While the petitioner planned to hire 16 workers, the record did not demonstrate significant potential to employ U.S. workers or create substantial positive economic effects in an economically depressed area.

Evidence

Evidence Types
Letters
Curriculum Vitae

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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: 2024-05-06.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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