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dismissed EB-2 (NIW)

Workplace Safety Technician And Entrepreneur

Workplace Safety · 2024-11-22

Decision Date
2024-11-22
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 direct a Florida-based company providing training programs in occupational safety and health, environmental management, and environmental and social governance to U.S. businesses. The endeavor involves creating gamified training content, delivered in-person or online, to improve employee safety, reduce accidents, increase productivity, and protect the environment.

Framework Evaluation

1 of 3 criteria met
1 Individual is well-positioned to advance the proposed endeavor Met

The Director determined the Petitioner was well-positioned to advance her proposed endeavor. The AAO reserved judgment on this prong as the first prong was dispositive.

2 Proposed endeavor has both substantial merit and national importance Partially Met

The Director and AAO found the endeavor had substantial merit but lacked national importance, as the Petitioner did not demonstrate broader implications or substantial economic effects beyond direct clients.

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

The Director found the Petitioner had not established that, on balance, waiving the job offer requirement would benefit the United States. The AAO reserved judgment on this prong as the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the national importance of her proposed endeavor under the first Dhanasar prong. While substantial merit was acknowledged, the Petitioner did not show how her training programs would have national or global implications, or provide substantial economic benefits beyond her direct clients, despite projecting a workforce of 23 employees and $1.4 million in payroll expenses by year five. The AAO did not rule on the second and third prongs as the first prong was dispositive.

Evidence

Evidence Types
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: 2024-11-22.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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