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 CEO of his company, offering courses, training, seminars, and workshops (online and in-person) focused on maximizing efficiency and productivity for Agribusiness companies. This includes exploring new methods and technology like the Internet of Things (IoT), and providing strategic consultancy, planning, and development of IoT structures for companies across the US, particularly assisting small and medium-sized businesses.
Framework Evaluation
1 of 3 criteria met
1The individual is well-positioned to advance their proposed endeavorMet
The Director acknowledged that the Petitioner is well-positioned to advance his proposed endeavor based on his experience and qualifications.
2The proposed endeavor has both substantial merit and national importanceNot Met
The proposed endeavor was acknowledged to have substantial merit, but the Petitioner failed to demonstrate national importance, as the impact was not shown to extend beyond direct clients or introduce novel methodologies.
3On balance, waiving the job offer requirement would benefit the United StatesNot Met
USCIS reserved its opinion on this prong, as the Petitioner's failure to meet the first prong rendered further evaluation unnecessary for the ultimate decision.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish that his proposed endeavor has national importance, as required by the first Dhanasar prong. USCIS found the evidence did not demonstrate the specific undertaking would have an impact beyond his clients or introduce novel methodologies. Additionally, the business plan's financial projections, including hiring 24 employees by year five and projected revenues of $696,190, lacked sufficient corroborating evidence, and forecasted salaries (e.g., HR analyst at $30,000, IT support at $24,000) were deemed below typical wages, failing to show substantial positive economic effects or job creation.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence to establish the national importance of the proposed endeavor. The petitioner responded by reiterating previous statements and qualifications, but failed to provide specific, probative information demonstrating broader implications beyond his clients' growth or novel contributions to the industry.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The Petitioner proposes to work in the United States as a consultant in the field of agribusiness, specializing in seeds and seed technology. He intends to provide consulting and organizational services to various unnamed clients within the agribusiness industry.
The petitioner proposes to provide research, financing, and marketing consulting services to U.S. agricultural entrepreneurs through his own company. He aims to strengthen the agricultural sector by advising on sustainable agriculture, biological pest control, and reducing pesticide use.
The petitioner proposes to establish an agricultural finance consulting business in Florida. The endeavor aims to provide financial planning and business management services specifically tailored to the agribusiness sector.
The petitioner proposes the operation of a digital marketing business that 'will improve the competitive edge' of small businesses, 'enabling them to grow, innovate, and expand their market reach, which will result in substantial economic benefits.'
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.
