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dismissed EB-2 (NIW)

Business Management And Restructuring Consultant

Business Management And Restructuring Consultant · 2024-10-31

Decision Date
2024-10-31
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 management and restructuring consultant, focusing on identifying and implementing strategies to optimize business processes. The endeavor aims to impact the small and medium enterprises sector by implementing a new and innovative methodology.

Framework Evaluation

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

The petitioner failed to demonstrate that the proposed consulting activities, despite focusing on small and medium enterprises, rise to the level of national importance.

2 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

USCIS reserved opinion on whether the petitioner could satisfy this prong, as the petition was denied on the first prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of the proposed endeavor under the first prong of Dhanasar. The Director's decision, which found the national importance not established, was adopted and affirmed. USCIS reserved opinion on the third prong, and the second prong was not discussed.

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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: 2024-10-31.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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