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dismissed EB-2 (NIW)

Business And Hospitality Management Specialist

Business And Hospitality Management · 2025-02-21

Decision Date
2025-02-21
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 Tourism and Hospitality Management Specialist, focusing on enhancing industry practices in the U.S. through innovative solutions. Her endeavor aims at repositioning the U.S. hospitality industry, making it more robust, adaptable, and primed for growth in the post-pandemic era, contributing as a subject matter expert within established hospitality organizations.

Framework Evaluation

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

The petitioner did not establish that her proposed endeavor had national importance, as it did not show broader implications or substantial positive economic effects beyond her direct employers or clients.

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

While the petitioner's academic and employment experience were noted as material, the decision did not confirm this prong was met, and the overall denial suggests it was not sufficiently established.

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

This prong was not explicitly addressed in the decision, implying it was not met given the failure to establish national importance under Prong 1.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to demonstrate how the AAO erred in its previous decision. The AAO concluded that the petitioner did not establish the national importance of her endeavor under Dhanasar's first prong, as the record lacked evidence of broader implications beyond her direct employers or clients, or quantifiable economic impact/job creation. The submitted opinion letters were found to be conclusory and did not specifically address the national importance of her particular endeavor.

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: 2025-02-21.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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