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dismissed EB-2 (NIW) RFE Issued

CEO And Entrepreneur

Transportation Security Field · 2024-06-07

Decision Date
2024-06-07
Location
California
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 own and operate a transportation security company in the United States, serving as its CEO. The company aims to secure and patrol transportation, cargo, and freight, targeting large companies and chains to provide recurring security services.

Framework Evaluation

0 of 3 criteria met
1 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to show a record of success in entrepreneurial efforts or progress toward the specific business plan, such as securing contracts or capital.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed Dhanasar's second prong. While he held a law degree and had experience in law enforcement, he lacked a track record of success as an entrepreneur or CEO. Additionally, he provided no evidence of progress toward the endeavor, such as contracts, investment funds, or interest from potential customers.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence of progress toward the endeavor and interest from customers; the petitioner responded with security guard certifications and a letter from a military colleague.

RFE Targets
Well-positioned to Advance the Endeavor

Evidence

Evidence Types
Awards
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: 2024-06-07.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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