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dismissed EB-2 (NIW) RFE Issued

Process Engineer And Entrepreneur

Business Consultancy · 2024-04-23

Decision Date
2024-04-23
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 develop consulting projects through her company to deliver business consultancy to U.S. companies and entrepreneurs. The goal is to enable these businesses to grow and maximize performance, specifically targeting small and medium-sized U.S. companies.

Framework Evaluation

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

The endeavor lacked evidence of broader implications or substantial positive economic effects on a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor; specifically, the business plan's projection of 14 jobs and $4.1 million in revenue lacked supporting detail and did not scale to a national impact. Additionally, evidence such as client letters and industry reports failed to show how her specific work would affect the field more broadly beyond her immediate clientele.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to address deficiencies in all three Dhanasar prongs. The petitioner submitted investor and client intent letters, but these were dated after the filing date and lacked probative value.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Dependent
Professional Memberships

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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: 2024-04-23.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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