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dismissed EB-2 (NIW)

Executive Manager

Business · 2024-09-02

Decision Date
2024-09-02
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 in the United States as an executive manager, providing services in accounting and compliance, banks and finance, organizational restructuring and strategic management, team leadership, strategic planning, and customer relationship management. The endeavor aims to impact the field of business.

Framework Evaluation

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

USCIS found the proposed endeavor had substantial merit but did not establish national importance, as the evidence did not show broader implications beyond the employer or clients, nor sufficient evidence of job creation or significant economic effects. A general talent shortage was also deemed insufficient.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor, which is a requirement of the first prong of the Dhanasar framework. While the proposed endeavor was deemed to have substantial merit, the evidence provided, including expert opinion letters and general studies on credit cooperatives, did not sufficiently demonstrate how the Petitioner's specific services as an executive manager would have a broader impact beyond his employer or clients to rise to the level of national importance. Claims of potential job creation and economic effects lacked sufficient supporting details and evidence, and a general talent shortage in business was deemed insufficient to warrant a national interest waiver, as such shortages are addressed by the labor certification process.

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
Professional Memberships
Employment Verification Letters
Diplomas
Transcripts
Certificates
Resume
Licenses

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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: 2024-09-02.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 9

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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