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dismissed EB-2 (NIW)

Business Manager

Business Administration Consulting Services Sector · 2025-02-25

Decision Date
2025-02-25
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 an endeavor in the business administration consulting services sector. The endeavor aims to provide consulting services, with the petitioner asserting that her innovative strategies and advanced knowledge are integral to its national importance.

Framework Evaluation

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

The AAO concluded that the petitioner had not adequately demonstrated that the potential prospective impact of her endeavor would rise to the level of national importance, citing insufficient evidence of substantial positive economic effects or significant job creation.

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

While the petitioner asserted her innovative strategies and advanced knowledge were integral, the AAO's previous decision implied that even if these related to her being well-positioned, the overall case for national interest was not met as the first prong was not satisfied.

Why This Petition Was Denied

The AAO dismissed the motions because the petitioner failed to introduce new evidence for the motion to reopen and did not establish that the prior decision was based on an incorrect application of law or policy for the motion to reconsider. The AAO reaffirmed its conclusion that the petitioner did not adequately demonstrate the national importance of her endeavor, specifically noting insufficient evidence of substantial positive economic effects or significant job creation. The AAO clarified that its previous statements regarding job creation and economic benefits were examples of why the evidence was insufficient, not 'ultra vires requirements,' and that the petitioner's skills were relevant to Dhanasar's second prong, not the first.

Evidence

Evidence Types
Reference Letters Independent
Reference Letters Dependent
Commercial Success
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: 2025-02-25.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

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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