dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Trucking Industry

Trucking Industry ยท 2023-06-26

Decision Date
2023-06-26
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 and manage a trucking company that provides freight transportation and logistics services, involving purchasing trucks and employing drivers to transport general freight for logistics companies across the U.S.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks national importance as it does not demonstrate broader implications for the trucking industry or significant economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first Dhanasar prong. The evidence did not demonstrate that the specific trucking company would have national importance or broader implications for the industry beyond its role as a small business.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the proposed endeavor. The petitioner provided a business plan and industry growth projections, but failed to show how his specific company would impact the field broadly.

RFE Targets
Substantial Merit and National Importance

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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: 2023-06-26.

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At a Glance

Outcome dismissed
RFE Issued
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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