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dismissed EB-2 (NIW)

Member Of The Professions Holding An Advanced Degree

Unknown Industry ยท 2024-10-03

Decision Date
2024-10-03
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 proposed endeavor involves operating a business, with claims of economic impact. The specific nature of the business or its field is not detailed beyond these general terms.

Framework Evaluation

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

The AAO found the Petitioner had not demonstrated the national importance of his proposed endeavor, failing to show broader implications or potential prospective economic impact.

2 Petitioner is well-positioned to advance the endeavor Not Met

The AAO determined the Petitioner had not demonstrated he was well positioned to advance the proposed endeavor, as operating a business was not sufficient to show a record of success or progress.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The AAO found that the Petitioner did not meet Dhanasar Prong 1 (national importance) and did not demonstrate being well-positioned for Prong 2. The Petitioner's claims regarding his business plan, recommendation letters, personal statement, and expert opinion letters were considered but found insufficient to prove national importance or being well-positioned.

Evidence

Evidence Types
Reference Letters Independent
Reference Letters Dependent
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-03.

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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 3,813
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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