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dismissed EB-2 (NIW) RFE Issued

Business Administrator

Business Consulting Services · 2023-09-13

Decision Date
2023-09-13
Location
Florida
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 business consulting and administrative services to small and medium-sized U.S. companies, specifically targeting Latino entrepreneurs. The work involves advising on strategic issues, financial control, and organizational structure to improve profitability and sustainability.

Framework Evaluation

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

The endeavor has substantial merit but the petitioner failed to show it has national importance or significant potential for U.S. job creation.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not demonstrate that her specific consulting work had broader implications for the field or the U.S. economy beyond her immediate clientele. While the endeavor had substantial merit, it failed the national importance requirement of the first Dhanasar prong. The AAO declined to evaluate the second and third prongs as the first was not met.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national importance of the consulting services. The petitioner responded with details about her company's target market and methodology.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2023-09-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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