dismissed EB-2 (NIW)

Chief Executive Officer And Strategic Consultant

Concert And Event Promotion Industry · 2024-08-22

Decision Date
2024-08-22
Location
Florida
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 direct the operations of RPEC, a U.S.-based organizer and promoter of public and corporate events, as its Chief Executive Officer and Strategic Consultant. The company will produce and promote music events and festivals throughout the United States, and organize public and corporate events, aiming to positively impact industries such as food and beverage, hotels, and travel and tourism.

Framework Evaluation

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

The petitioner established substantial merit but failed to demonstrate national importance, as the claims of economic benefits were generalized and lacked specific, supported evidence of substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under Dhanasar's first prong. USCIS agreed with the Director that the petitioner did not provide sufficient corroborating evidence or specific plans demonstrating "substantial positive economic effects" beyond generalized industry reports. The projected sales of $2,088,625 by the fifth year were not adequately supported, and the petitioner did not show the business would benefit an economically depressed area. Prongs 2 and 3 were not evaluated.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-08-22.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 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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