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dismissed EB-2 (NIW) RFE Issued

Transportation, Storage And Distribution Manager/Entrepreneur

Transportation Industry · Mongolia · 2024-08-30

Decision Date
2024-08-30
Location
Illinois
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 establish and operate a transportation services firm (C-C-, LLC) providing dry cargo freight and long-haul reefer truck transportation outsourcing services. He intends to serve as the CEO and a transportation, storage, and distribution manager while also performing duties as a truck driver.

Framework Evaluation

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

The AAO withdrew the Director's favorable finding, noting the evidence focused on general industry importance rather than the specific endeavor's impact.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to show how his mining engineering background or limited truck driving experience equipped him to manage a large-scale logistics firm.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific business and did not show he was well-positioned to advance the endeavor. While he held an engineering degree and had experience as a truck driver, he lacked a documented record of success in business management or logistics, and his job creation and revenue projections were unsubstantiated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence to satisfy the Dhanasar prongs; the petitioner submitted a business plan, expert opinion, and letters from potential investors and partners.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavorprong 3

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-08-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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

Related Pages

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

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