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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer

Consulting Firm · 2025-02-24

Decision Date
2025-02-24
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 operate a consulting firm focused on establishing, initiating, and optimizing business development strategies based on business intelligence. The company's primary objective is to expand businesses globally through foreign trade, supporting the import and export of products with a focus on the automation and electronic security segment.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the Petitioner failed to demonstrate its national importance, lacking broader implications or substantial positive economic effects for the country.

2 Well Positioned to Advance the Proposed Endeavor Not Met

The Director determined that the Petitioner did not establish that he is well positioned to advance the proposed endeavor. The AAO declined to reach this prong.

3 Beneficial to the United States to Waive Job Offer and Labor Certification Not Met

The Director determined that the Petitioner did not establish that, on balance, it would benefit the United States to waive the job offer requirement. The AAO declined to reach this prong.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the national importance of his proposed endeavor under the first prong of the Dhanasar framework. USCIS found that the proposed endeavor did not offer broader implications or substantial positive economic effects for the country, beyond serving an organization and its clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the endeavor, the petitioner's well-positioned status, and the overall benefit of a waiver. The petitioner responded with additional documents, but these were deemed insufficient by the AAO to address the national importance concerns.

RFE Targets
Substantial Merit and National ImportanceWell Positioned to Advance the Proposed EndeavorBeneficial to the United States to Waive Job Offer and Labor Certification

Evidence

Evidence Types
Reference Letters Dependent

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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: 2025-02-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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