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dismissed EB-2 (NIW) RFE Issued

Consulting Service, Especially In Relation To Strengthening Of Marketing And The Accounting-Administrative Area Of Small Companies

Business Consulting Industry · 2024-04-15

Decision Date
2024-04-15
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 open a specialized consulting and advisory company to strengthen the marketing, accounting, and administrative operations of small to medium-sized enterprises (SMEs) in the United States. She aims to provide initial diagnoses and individualized strategies to improve operational efficiency and foster fiscal growth for her clients.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of prospective impact on a scale commensurate with national importance.

2 Well-positioned to Advance the Endeavor Not Met

The record does not show that the petitioner's past experience or business plan renders her well-positioned to advance the specific proposed endeavor.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed Dhanasar prongs 1 and 2. Specifically, she did not provide evidence of projected job creation or economic impact to establish national importance, and her track record and business plan were insufficient to show she was well-positioned to succeed.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national interest waiver; the petitioner provided additional statements and articles on the importance of SMEs.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-04-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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