dismissed EB-2 (NIW) RFE Issued

Business Development Specialist

Business Development, Natural Stones, Textiles, And Clothing · Brazil · 2024-06-21

Decision Date
2024-06-21
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 work as a Business Development Specialist focusing on the natural stone and civil construction industries. He aims to facilitate import/export between Brazilian and American companies and provide services in marketing, sales, and logistics to enhance scalability for U.S.-based companies.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broad prospective impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his endeavor (Prong 1). He failed to provide a business plan or projections showing substantial economic impact, and his work was deemed to benefit only his specific clients rather than the industry at large.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the proposed endeavor and evidence for all three prongs. The petitioner responded by shifting from a general consulting model to a specific focus on the natural stone industry.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

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: 2024-06-21.

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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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