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dismissed EB-2 (NIW) RFE Issued

Commercial Specialist

Business Administration · 2024-08-14

Decision Date
2024-08-14
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 commercial specialist, assisting companies by creating marketing plans, strategic planning, and organizing promotional events. This endeavor involves working in sales, financial, and project management to enhance company profitability and increase customer portfolios.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as the impact was limited to direct employers and the general industry rather than having national or global implications.

2 The individual is well-positioned to advance the proposed endeavor. Not Met

USCIS explicitly declined to evaluate this prong, stating that the failure to meet Prong 1 was dispositive of the appeal.

3 On balance, it would benefit the United States to waive the job offer and labor certification requirements. Not Met

USCIS explicitly declined to evaluate this prong, stating that the failure to meet Prong 1 was dispositive of the appeal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. While the proposed endeavor was found to have substantial merit, it did not establish national importance. The evidence provided, including links to articles and examples from past employment, focused on the general importance of the industry or the positive impact on a direct employer, rather than demonstrating broader national or global implications of the petitioner's specific endeavor. USCIS explicitly declined to evaluate prongs 2 and 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the proposed endeavor. The petitioner responded with links to articles and general descriptions, but these were deemed insufficient to demonstrate the broader impact of the specific endeavor.

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

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-08-14.

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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 3,815
Success Rate 53.6%
Sustained 2,046
Dismissed 1,673

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