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dismissed EB-2 (NIW)

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Wholesale Distributor And On Line Retailer Offering A Diverse Array Of Imported Turkish Beauty Care Products And Candies · 2024-12-16

Decision Date
2024-12-16
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 continue operating his wholesale distributor and online retail business, which offers imported Turkish beauty care products and candies. The endeavor aims to preserve and promote Turkish culture within the U.S. and foster cultural exchange.

Framework Evaluation

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

The Director determined the endeavor has substantial merit, but the record does not establish national importance, lacking broader implications or significant potential for U.S. employment/economic effects.

2 The individual is well-positioned to advance their proposed endeavor Not Met

USCIS reserved its opinion on whether the record satisfies this prong, as it was not necessary for the decision.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

USCIS reserved its opinion on whether the record satisfies this prong, as it was not necessary for the decision.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that the proposed endeavor has national importance, as required by the first Dhanasar prong. While the business is located in a qualified HUBZone and plans to employ 12 workers over five years, USCIS found these factors did not demonstrate significant potential to employ U.S. workers or other substantial positive economic effects with national implications. The cultural enrichment aspect was also deemed limited to the petitioner's business and customers, lacking national or global implications.

Evidence

Evidence Types
Commercial Success
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: 2024-12-16.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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