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dismissed EB-2 (NIW) RFE Issued

Digital Marketing Specialist

Digital Marketing And Online Learning Fields · 2024-06-12

Decision Date
2024-06-12
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 partner with American universities to market and promote their courses through an existing e-learning platform. He intends to act as a middle-man or agent to reach national and international students, increasing course diversity and availability.

Framework Evaluation

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

The Petitioner failed to demonstrate that acting as a middle-man for existing university courses would have broader implications or significant economic impact.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the endeavor. The business plan lacked specific metrics such as job creation estimates, revenue projections, and operating costs, and failed to show how the work would impact the field more broadly than existing online education offerings.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of how the business would support U.S. initiatives and improve the economy; the Petitioner responded by relying on the existing business plan and an expert opinion letter.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
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: 2024-06-12.

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At a Glance

Outcome dismissed
RFE Issued
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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