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dismissed EB-2 (NIW) RFE Issued

Vice President Of Marketing And Communication

Company That Provides Automation Solutions For Apparel And Related 'Soft-Goods' Industries · 2023-10-02

Decision Date
2023-10-02
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 provide global marketing leadership for software and automation solutions in the textile, apparel, and furniture industries. The work involves creating strategies to promote digital transformation, on-demand manufacturing, and on-shore production through webinars, presentations, and managing innovation centers.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked national importance because it did not show broader implications beyond the employer's clients.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not contest the Director's negative finding on this prong in the appeal, leading it to be deemed abandoned.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor (Prong 1), as her work was seen as benefiting her specific employer and clients rather than the industry at large. Additionally, the petitioner did not contest the Director's findings regarding Prong 2, resulting in that issue being deemed abandoned.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the three prongs of the Dhanasar framework, to which the petitioner responded with letters from company executives.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavorprong 3

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2023-10-02.

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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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