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dismissed EB-2 (NIW) RFE Issued

General Or Regional Manager

Wholesale And Retail Food Distributor · Mexico · 2024-05-01

Decision Date
2024-05-01
Location
California
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 establish a food distribution company in California focused on the commercialization of fruits, vegetables, and eventually dairy and meat products. The endeavor involves investing in refrigeration and transportation equipment to deliver products to central food depots, self-service stores, and home delivery customers.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on his background and experience in the dairy distribution industry.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to its focus on public health and food systems, but lacks national importance as it lacks broader implications or substantial economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1). While he held an MBA and had extensive experience as a sales manager in Mexico, he provided no financial projections to support claims of substantial economic impact or significant job creation in the U.S.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to establish the national importance of the endeavor. The petitioner provided statements on supply chain enhancement and public health, but lacked financial projections.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Government Alignment

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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: 2024-05-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 3

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 Mexico All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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