dismissed EB-2 (NIW)

Entrepreneur

Business Consulting · 2024-08-29

Decision Date
2024-08-29
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's proposed endeavor involves providing business consulting services, including internationalization of companies, financial consulting, and support for small and medium-sized businesses. The petitioner also offers training services designed to empower individuals and equip companies to compete and thrive in a global economy.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Petitioner did not establish the national importance of his proposed endeavor, failing to meet the first prong of the Dhanasar framework.

Why This Petition Was Denied

The Director denied the petition because the Petitioner did not establish that a waiver of the job offer would be in the national interest. The AAO dismissed the appeal, specifically finding that the Petitioner failed to meet the first prong of the Dhanasar framework by not establishing the national importance of his proposed endeavor. The motions to reopen and reconsider were dismissed due to a lack of new facts or evidence for reopening, and no identification of an incorrect application of law or policy for reconsideration.

Evidence

Evidence Types
Original Contributions
Reference Letters Dependent
Media Coverage

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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: 2024-08-29.

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At a Glance

Outcome dismissed
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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