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dismissed EB-2 (NIW) RFE Issued

Founder And Chief Executive Officer

Turkish Cotton Towel And Clothing Business · Turkey · 2024-08-01

Decision Date
2024-08-01
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 develop and expand his Turkish cotton towel and clothing business, a limited liability company located in Florida. The company will operate a direct sales website using a drop shipping business model and plans to expand nationally.

Framework Evaluation

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

The Director determined that the proposed endeavor had substantial merit, and the AAO agreed. However, the petitioner failed to establish the national importance of the endeavor, as the evidence did not demonstrate a broader impact beyond the company's individual clients or sufficient positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor, thus not meeting the first Dhanasar prong. The business plan projected 13 employees in the first year increasing to 83 in the fifth year, and a net income of $368,307 in the fifth year, which was deemed insufficient to demonstrate significant potential to employ U.S. workers or substantial positive economic effects commensurate with national importance. Expert letters did not specifically address the impact of the petitioner's proposed endeavor on the retail industry more broadly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the proposed endeavor. The petitioner responded by submitting three additional recommendation letters, but these letters were found to be nearly identical and did not provide specific details on how the company would impact the retail industry more broadly.

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

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Turkey All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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