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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Business, Administration, And Consulting Services ยท 2024-10-28

Decision Date
2024-10-28
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 provide business, administration, and consulting services, particularly within the scope of blood management, through his company. The endeavor aims to contribute to the U.S. economy and facilitate trade between Brazil and the United States.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance. Partially Met

The Director determined that the substantial merit element was satisfied, but the national importance element was not met. The petitioner did not demonstrate that his specific business consulting endeavor would trigger substantial positive economic benefits or have a potential prospective impact at the national importance level.

Why This Petition Was Denied

The appeal was dismissed because the Director found that the petitioner failed to establish the national importance element of Dhanasar's first prong. The petitioner did not adequately explain how his business plan's staffing and revenue projections would lead to national importance, nor did recommendation letters address this. The Director did not evaluate the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director's RFE specifically questioned how the petitioner's business plan's staffing and revenue projections would result in a level of job growth or revenue generation commensurate with national importance. It also noted that recommendation letters, while discussing experience, did not explain the national importance of the proposed endeavor.

RFE Targets
prong 1 national importance

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2024-10-28.

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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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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