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dismissed EB-2 (NIW) RFE Issued

Marketing Entrepreneur

Advertising And Marketing Industry · 2024-12-12

Decision Date
2024-12-12
Location
United States
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 seeks to continue her career in the advertising and marketing industry in the U.S., leveraging her expertise in the Brazilian and Latin American markets to advise U.S. companies. In response to an RFE, she provided a new business plan for her own start-up company to provide marketing services, targeting small-to medium-sized U.S. companies seeking to enter the Brazilian market.

Framework Evaluation

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

The Petitioner did not provide sufficient information or evidence to demonstrate that the prospective impact of her proposed endeavor rises to the level of national importance, or that it would have substantial positive economic effects or create significant U.S. jobs.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that her proposed endeavor met the first prong of the Dhanasar framework, which requires substantial merit and national importance. USCIS found insufficient evidence regarding the potential prospective impact of her work, projected U.S. economic impact, or job creation attributable to her future work. Consequently, the second and third prongs were not evaluated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional documentation for eligibility for a national interest waiver. The petitioner responded with a new business plan for a start-up, letters of intent from prospective clients, and industry reports, but these were deemed insufficient to establish national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Independent
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: 2024-12-12.

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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

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