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dismissed EB-2 (NIW)

Chief Executive /Entrepreneur

Travel And Business Management · 2024-12-06

Decision Date
2024-12-06
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 work as a chief executive and entrepreneur through his company, which will focus on negotiating accommodations, transfers, excursions, and offering prepackaged travel deals to clients through retail and online channels across the U.S. The company will also provide organized activities, excursions to various attractions, and cruise trips.

Framework Evaluation

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

The Director concluded that the proposed endeavor has substantial merit, but the petitioner did not establish its national importance, failing to demonstrate substantial economic benefit or broader implications beyond individual clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor has national importance under the first prong of the Dhanasar framework. Although the Director found substantial merit, the petitioner did not provide sufficient evidence or detail regarding the basis of projected job creation (6 direct jobs by year five) or net profit ($72,466 by year five) to establish substantial positive economic effects. The decision emphasized that the importance of the industry itself (tourism) does not equate to the national importance of the specific endeavor.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-12-06.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

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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