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dismissed EB-2 (NIW) RFE Issued

Commercial Manager

Administrative, Commercial, And Graphic Design Areas · 2024-04-26

Decision Date
2024-04-26
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 act as a Commercial Manager focusing on market expansion through strategic planning and customized commercial processes. She also intends to manage digital marketing to increase profitability and market share for U.S. companies, while also teaching and training others in the field.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked evidence of national importance or broader implications beyond the petitioner's specific clients.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet, and the AAO reserved judgment as the first prong was not satisfied.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet, and the AAO did not reach this analysis.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of her endeavor, failing to show broader implications for the field or significant economic impact. Additionally, she did not contest the Director's finding that she did not qualify as an advanced degree professional, and the record did not sufficiently demonstrate exceptional ability.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for evidence to support EB-2 eligibility and the three Dhanasar prongs; the petitioner provided a revised professional plan and additional letters.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Awards

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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: 2024-04-26.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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