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dismissed EB-2 (NIW)

Entrepreneur In Commercial Photography And Video, Podcast, And Multimedia Production

Commercial Photography And Video, Podcast, And Multimedia Production · Brazil · 2024-05-16

Decision Date
2024-05-16
Location
United States
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 intends to establish a U.S. business providing multimedia production and marketing services, including commercial photography, video, and podcasting. The endeavor aims to generate revenue and employment while increasing cultural and artistic diversity through specialized sales and marketing strategies.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

2 Well Positioned to Advance the Proposed Endeavor Not Met

The Director found the petitioner was not well-positioned; the AAO reserved judgment but noted the Director's negative finding.

3 On Balance, it Would be Beneficial to the United States to Waive the Requirements of a Job Offer and Labor Certification Not Met

The Director found that a waiver would not benefit the U.S.; the AAO did not reach this issue.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). Although the business plan projected $2.1 million in revenue and 48 jobs by year five, the petitioner did not demonstrate how this specific venture would substantially affect the national economy or the broader field of multimedia production.

Evidence

Evidence Types
Media Coverage
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: 2024-05-16.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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