dismissed EB-2 (NIW)

General Operations Manager

Virtual Specialty Food Distribution Market · 2024-05-24

Decision Date
2024-05-24
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 own and operate a virtual specialty food distribution market and digital marketplace. The endeavor focuses on offering ethnic and specialty food products through a distribution center to contribute to a diverse marketplace and cultural enrichment.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked evidence of national importance or broad economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. Specifically, she did not substantiate her business plan's projections to hire 178 employees or prove the business existed at the time of filing, and her personal credentials were insufficient to prove the endeavor's broad impact.

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
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: 2024-05-24.

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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

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