dismissed EB-2 (NIW) RFE Issued

Business Intelligence Analyst

Banking And/Or Finances · 2023-12-04

Decision Date
2023-12-04
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 business intelligence analyst and data analysis expert, specifically targeting small and medium-sized enterprises (SMEs) to improve their market participation and profitability. The work involves tracking customer behavioral changes, anticipating needs, and using structured data to increase sales and productivity across three phases of business growth.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance because its impact is limited to individual clients rather than the broader industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework; specifically, the endeavor lacked national importance. The record did not show broader implications for the field or significant potential for positive economic effects beyond the individual businesses served. The AAO declined to rule on the remaining prongs as the failure of the first prong was dispositive.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to determine the substantial merit and national importance of the endeavor. The petitioner provided a professional plan and revised work letters, but failed to demonstrate prospective national impact.

RFE Targets
Substantial Merit and National Importanceprong 2

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Original Contributions

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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: 2023-12-04.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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