dismissed EB-2 (NIW) RFE Issued

CEO

Business Consulting · 2024-12-03

Decision Date
2024-12-03
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 establish a consulting company to develop and implement business models and strategies through digital marketing, auditing, and logistics management. The endeavor aims to improve productivity and prevent business risks for small and medium-sized U.S. companies through technological solutions and strategic planning.

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 demonstrate its national importance or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the business plan projected 10 employees and $629,690 in revenue by year five, these figures were not supported by evidence showing substantial economic impact or broader implications for the industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the national importance of the endeavor. The petitioner provided a statement on economic competitiveness and industry articles, but these did not specifically link the endeavor's impact to the national scale.

RFE Targets
Substantial Merit and National Importance

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: 2024-12-03.

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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

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