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dismissed EB-2 (NIW)

General And Operations Manager And Entrepreneur

Art, General And Operations Management, Or Entrepreneurship ยท 2024-11-22

Decision Date
2024-11-22
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 an employment-based second preference (EB-2) immigrant classification and a national interest waiver. The proposed endeavor involves work in art, general and operations management, or entrepreneurship, with a focus on a proposed business.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Director concluded that the proposed endeavor has substantial merit but found that the Petitioner did not establish national importance.

2 Petitioner is well-positioned to advance the proposed endeavor Not Met

The Director found that the Petitioner did not establish that she is well-positioned to advance the proposed endeavor.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director found that the Petitioner did not establish that it would be beneficial to the United States to waive the job offer and labor certification requirements.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish exceptional ability. Although the Director found that the Petitioner met at least three of the six exceptional ability criteria, she did not demonstrate a degree of expertise significantly above that ordinarily encountered in her fields. The Director noted deficiencies in the business plan, lack of evidence for prior entrepreneurship, and insufficient details in support letters. The AAO declined to address the national interest waiver eligibility or extraordinary ability claim as the exceptional ability issue was dispositive.

Evidence

Evidence Types
Educational Records
Business Plan
Employment Records
Reference Letters Dependent
Commercial Success
Professional Memberships
Awards
Media Coverage
Tax Records
Bank Statements
Company Incorporation Records
High Salary

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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: 2024-11-22.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 12

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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