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dismissed EB-2 (NIW) RFE Issued

General Operations Manager

Business Administration Management Consulting · 2024-09-30

Decision Date
2024-09-30
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 establish a company in Florida that will provide business administration management consulting, advice, and training services to educational institutions and small businesses. The endeavor aims to transform companies with negative results into solid companies with positive results through a management model involving management by results, performance indicators, and financial management.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director concluded the proposed endeavor had substantial merit but lacked sufficient evidence to demonstrate national importance. The potential impact was not shown to extend beyond the Petitioner's company and clients, nor to offer substantial positive economic effects or significant job creation on a national scale.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the national importance of her proposed endeavor under Dhanasar's first prong. While the endeavor had substantial merit, the evidence did not show its potential prospective impact would extend beyond her company and clients to have national implications. The Director found insufficient evidence of significant potential to employ U.S. workers or offer substantial positive economic effects, noting the business plan projected only 10 employees over five years and lacked sufficient detail on funding for projected operating costs of $755,325 in the first year and $1.38 million in the fifth year. Prongs 2 and 3 were not evaluated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE (Notice of Intent to Deny) requested further evidence to demonstrate the national importance of the proposed endeavor. The petitioner responded with additional documentation, including a business plan, client presentations, recommendation letters, a personal statement of funds, and a letter of interest from a potential investor.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent

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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: 2024-09-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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