dismissed EB-2 (NIW) RFE Issued

Business Consultant

Business Consultant · 2024-10-31

Decision Date
2024-10-31
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 consulting, management, and process implementation advice and education activities to small and medium-sized, Latino owned businesses.

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 it did not establish national importance because the evidence focused on the importance of the industry rather than the broader impact of the petitioner's specific work.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that her proposed endeavor had national importance, a requirement of the first prong of the Dhanasar framework. While the endeavor demonstrated substantial merit, the evidence presented (industry reports, articles on small businesses and Latino economic impact) focused on the importance of the industry rather than the broader impact of the Petitioner's specific proposed work. The AAO concluded the impact would be limited to her clients and not the field more broadly, and therefore did not reach the second and third Dhanasar prongs.

Request for Evidence (RFE)

Successfully Addressed

The RFE initially questioned the Petitioner's EB-2 classification, but the Director later confirmed in the RFE that the Petitioner qualified for EB-2 as an advanced degree professional. The Petitioner responded by submitting evidence of a master's degree in public administration.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Industry Reports
Government Alignment

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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: 2024-10-31.

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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

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