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dismissed EB-2 (NIW) RFE Issued

Sales Director

Business · Brazil · 2024-05-15

Decision Date
2024-05-15
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 sales director, directing organization sales teams by setting goals, analyzing data, and developing training programs for sales representatives. The work aims to enable the growth of American companies and fill available positions in the U.S. business field.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not have broader implications for the field or the U.S. economy.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of the endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the evidence did not show broader implications for the field or substantial positive economic effects, and expert letters were found to be conclusory or focused on the Brazilian market.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to address deficiencies in all three prongs of the Dhanasar framework. The petitioner responded with a professional plan and expert letters, but failed to establish national importance.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Awards
Media Coverage
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: 2024-05-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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