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dismissed EB-2 (NIW)

Trucking Company Owner

Trucking Company Owner · 2024-10-17

Decision Date
2024-10-17
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's business specializes in the safe and secure transportation of expensive and rare cars, vehicle prototypes, oversized and heavy vehicles, and specialized equipment. The Petitioner argued this work would revolutionize the vehicle and equipment transportation industry within the United States.

Framework Evaluation

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

The Petitioner failed to establish the national importance of his proposed endeavor, as the record did not explain how the business would impact the overall field more broadly beyond its clients at a national level.

Why This Petition Was Denied

The motions to reopen and reconsider were dismissed because the Petitioner failed to present new facts or evidence for reopening, and did not establish a misapplication of law or policy for reconsideration. The original denial was based on the Petitioner's failure to demonstrate the national importance of the endeavor under Dhanasar's first prong. While a plan projected 50 employees, $137,624 in net profit, and $2,973,159 in payroll expenses by year five, these forecasts lacked explanation and supporting evidence, and were deemed insufficient to prove substantial positive economic effects at a national level.

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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: 2024-10-17.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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