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dismissed EB-2 (NIW)

Business Manager

Business Consulting Services · 2024-05-17

Decision Date
2024-05-17
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 services focused on sales and contract management, specifically supporting U.S. businesses in purchase negotiations, commercial contracts, and lease agreements. She intends to help small and medium-sized businesses improve sales, reduce costs, and expand market opportunities in Brazil and other international markets.

Framework Evaluation

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

The endeavor has substantial merit but the petitioner did not demonstrate that the prospective impact rises to the level of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet; the AAO declined to reach this issue as prong one was dispositive.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet; the AAO declined to reach this issue as prong one was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. While she is an advanced degree professional with significant experience in contract negotiations, her proposed work was found to have a localized impact on specific clients rather than a broader regional or national economic effect.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-05-17.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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

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