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dismissed EB-2 (NIW)

Chief Executive Officer

Business Administration Consulting Services Company With A "Primary Focus For The Initial Five Years . . . On The Fashion Business Sector, Encompassing Clothing, Footwear, Accessories, And Related Industries." · 2024-12-11

Decision Date
2024-12-11
Location
Florida
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 the chief executive officer for a startup business administration consulting services company. This company will offer tailored consultancy specialized in strategic growth and marketing solutions for small and medium-sized enterprises (SMEs) in the fashion business sector, including clothing, footwear, accessories, and related industries.

Framework Evaluation

1 of 3 criteria met
1 Individual is well-positioned to advance their proposed endeavor Met

The Director determined that the record satisfies this prong, indicating the petitioner is well-positioned to advance the endeavor.

2 Proposed endeavor has both substantial merit and national importance Not Met

The Director found the endeavor had substantial merit but failed to establish national importance, as it lacked broader impact beyond the company and its clients.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that this prong was not satisfied, as all three prongs must be met for a national interest waiver.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that the proposed endeavor has national importance, as required by the first Dhanasar prong. While the Director found the endeavor had substantial merit and the petitioner was well-positioned (prong 2 met), the lack of demonstrated national importance (prong 1 not met) and the subsequent failure to meet prong 3 led to the denial. The record did not show how providing consulting services to unspecified SMEs in the fashion industry would have national or global implications, or how employing 17 workers with wages between $30,000 and $96,000 in an unspecified Florida location would create substantial positive economic effects in an economically depressed area.

Evidence

Evidence Types
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: 2024-12-11.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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