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dismissed EB-2 (NIW) RFE Issued

Entrepreneur, Operations Manager, And Consultant

Consulting, Sales Advisory, And Channel Management Services · 2024-05-30

Decision Date
2024-05-30
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 create a consulting, sales advisory, and channel management services company focused on the construction, furniture, home appliances, and school and office supply industries. The plan involves assisting companies in planning, organizing, and aligning channel presence and sales force effectiveness without increasing costs.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked evidence of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong was not met, and the AAO did not disturb that finding.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong was not met, and it was not reached in detail on appeal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). Specifically, the projected creation of 8 direct jobs and approximately 16 indirect jobs by the fifth year was deemed insufficient to impact the regional or national economy significantly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the three Dhanasar prongs. The petitioner provided a business plan and data on job growth following the COVID-19 recession.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Original Contributions

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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: 2024-05-30.

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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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