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dismissed EB-2 (NIW) RFE Issued

Market Research And Marketing Specialist

Advertising Industry · 2024-11-15

Decision Date
2024-11-15
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 serving as a market research and marketing specialist for a company providing digital marketing services. The company specializes in assisting small and medium-sized U.S. businesses to enhance their competitiveness through data-driven digital marketing methodologies and analytics, focusing on converting organic and paid traffic on search engines.

Framework Evaluation

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

USCIS agreed the endeavor has substantial merit but found the petitioner did not establish its national importance. The evidence, including industry reports and economic projections, was deemed insufficient to show broader implications beyond clients and direct employees, or to demonstrate advancements in STEM innovation commensurate with national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the evidence, including industry reports, economic impact models projecting 16 direct jobs and 67 indirect jobs, and expert letters, was deemed insufficient to demonstrate a broader national impact beyond direct clients and employees. The projections for $2.7 million in future revenues and over $4 million in wages were based on assumptions, undermining their probative value. The argument of aligning with STEM competitiveness was also found unpersuasive as it did not show advancements in STEM innovation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to address deficiencies and inconsistencies, particularly regarding the national interest waiver criteria. The petitioner responded by submitting further documentation, including economic impact data and a detailed hiring plan, but these were ultimately found 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
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: 2024-11-15.

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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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