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dismissed EB-2 (NIW) RFE Issued

Logistician With IT Skills

Trucking Company · 2024-09-17

Decision Date
2024-09-17
Location
New York
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 intends to work as a Logistician with IT skills, operating a trucking company based in New York. This company would specialize in comprehensive trucking services, offering both regional and long-haul transportation solutions across the United States.

Framework Evaluation

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

The Director determined the Petitioner established the substantial merit but not the national importance of the proposed endeavor. The AAO agreed, finding the Petitioner did not demonstrate how his business would broadly impact the field or the U.S. economy at a level commensurate with national importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. While substantial merit was acknowledged, the Petitioner did not demonstrate how his business would broadly impact the field or the U.S. economy beyond his clients and employees. The business plan's projected revenues (from $1.78M in year 1 to $20M in year 5) and job creation (7 positions in year 1, 41 in year 5, plus 30 independent contractors) were not shown to constitute 'substantial positive economic effects' at a national or significant regional level. Further analysis of the second and third Dhanasar prongs was deemed unnecessary.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the proposed endeavor. The petitioner responded with a business plan, but the AAO found that the plan and supporting arguments did not sufficiently establish national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Commercial Success
Business Plan

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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: 2024-09-17.

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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 3,813
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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