dismissed EB-2 (NIW)

Chief Executive Officer And Director And Administrator

Trucking And Logistics Services · 2023-12-21

Decision Date
2023-12-21
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 operate a trucking and logistics services company in Florida. The endeavor focuses on employing truck drivers as W-2 employees rather than contractors, providing them with benefits and safe working conditions, with plans to eventually expand services nationwide.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked national importance as it did not demonstrate broader implications for the field or significant economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor. The projected creation of 14 jobs and a $734,284 payroll was not considered a substantial economic effect on a national scale. Furthermore, the general national shortage of truck drivers is insufficient to establish the national importance of a specific small-scale trucking company.

Evidence

Evidence Types
Business Plan
Expert Letter
Financial Projections

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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: 2023-12-21.

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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 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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