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dismissed EB-2 (NIW)

Entrepreneur

Digital Marketing And Mobile Application Consultancy Company · 2025-01-21

Decision Date
2025-01-21
Location
Florida, 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 proposes to own and operate a digital marketing and mobile application consultancy company in the United States. This endeavor aims to develop marketing plans for customers to maximize their results and assist them in realizing their goals, with a focus on serving small and medium-sized businesses.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner failed to establish the national importance of her proposed endeavor. Industry reports were insufficient to demonstrate broader impact, and claims of economic effects and job creation were unsubstantiated.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under Dhanasar's first prong. USCIS found that industry reports on the importance of marketing were insufficient to demonstrate the specific endeavor's broader impact. Claims of creating 42 direct jobs and additional indirect jobs were not substantiated with bases for projections, nor was evidence provided to show the proposed endeavor's impact on rural Florida communities or that these areas were economically disadvantaged. The petitioner also failed to demonstrate that the economic benefits would rise to the level of 'substantial positive economic effects' contemplated by Dhanasar. Furthermore, the petitioner did not establish eligibility for the underlying EB-2 classification as an advanced degree professional, as she lacked five years of progressive, post-degree experience from a U.S. baccalaureate equivalent degree prior to filing.

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: 2025-01-21.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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