dismissed EB-2 (NIW) RFE Issued

General And Operations Manager

Advertising And Hospitality Industries · 2024-05-14

Decision Date
2024-05-14
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 serve as the general and operations manager of his business, which provides customized LED and digital advertising screens for indoor locations such as companies, schools, and hospitals, as well as outdoor public events. The endeavor focuses on providing tailored digital signage solutions to enhance client visibility and business activities.

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 national importance because its impact was localized to specific customers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the petitioner has 18 years of experience and projected the creation of 29 jobs by the fifth year, the evidence did not show that the work would have broader implications for the field or substantial positive economic effects beyond his immediate clientele.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to address deficiencies in all three Dhanasar prongs. The petitioner responded with a business plan, job creation projections, and evidence of business incorporation and tax filings.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Business Plan
Tax Returns
Industry Reports

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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: 2024-05-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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