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dismissed EB-2 (NIW) RFE Issued

Business Administrator

Business Management · 2024-08-26

Decision Date
2024-08-26
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 administrator, claiming her role will broadly impact various areas and offer business solutions beyond the local community. She asserts her employment will have 'ripple effects' on the U.S. economy and be a 'major economic contributor'.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner did not sufficiently demonstrate that her proposed endeavor as a business administrator has national importance, failing to show a broader impact beyond her employer or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. The evidence, including educational records, training certificates, employment verification, salary records, professional identification, performance awards, and support letters, was deemed insufficient to demonstrate national importance, as it focused on past accomplishments rather than the specific endeavor's broader impact. An expert letter was also given little weight for misplacing focus on the importance of the business field rather than the specific endeavor's national impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

A Request for Evidence (RFE) was issued, to which the petitioner submitted updated salary and employment documentation, as well as a training certificate. However, this evidence was noted to be for activities that began and were completed after the petition's filing, making them ineligible for consideration.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Awards

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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: 2024-08-26.

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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

Related Pages

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

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