dismissed EB-2 (NIW)

Business Administrator

Business Administrator Who Seeks To Provide Consulting And Management Services · Colombia · 2024-06-18

Decision Date
2024-06-18
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 consulting and management services to small and medium-sized companies in the United States. He intends to conduct market research, develop business plans, and provide training for sales personnel to improve profitability and competitiveness. The work focuses on identifying business opportunities and strengthening sales strategies for entrepreneurs.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of potential prospective impact at a level of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not show sufficient progress or interest from potential customers to demonstrate he is well-positioned.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that waiving the labor certification would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1) and failed to show he was well-positioned to advance it (Prong 2). Although he has 25 years of experience and an advanced degree, the evidence did not demonstrate that his work would have a broad economic impact beyond his immediate clients. No specific citation counts or funding amounts were provided to support his positioning.

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
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: 2024-06-18.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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