dismissed EB-2 (NIW) RFE Issued

Sales Manager

Banking And Information Technology (IT) · Russia · 2024-06-11

Decision Date
2024-06-11
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 work as a sales manager and freelance consultant specializing in the IT and banking sectors. She intends to apply strategic sales approaches to expand sales bases, recommend business solutions, and transfer knowledge about technologies, particularly within the financial technology (fintech) sector.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director's finding that the petitioner was well-positioned to advance the endeavor was acknowledged.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance or broad industry impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor (Prong 1). While she has a bachelor's degree and over 10 years of experience in banking and IT, she did not provide specific metrics regarding revenue generation, client scope, or how her individual work would impact the field on a national scale.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more detail on the specific endeavor and the petitioner's qualifications; the petitioner provided a professional plan and expert letter.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-06-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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