dismissed EB-2 (NIW) RFE Issued

Digital Marketing Manager

Digital Marketing · Brazil · 2024-06-21

Decision Date
2024-06-21
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 operate a digital marketing services consulting firm providing market research, branding, SEO, and social media strategies, specifically focusing on the retail industry. The endeavor involves opening regional offices and hiring staff to provide comprehensive content marketing and advertising plans to U.S. businesses.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not show broader implications for the industry or substantial economic impact.

Why This Petition Was Denied

The appeal was dismissed primarily because the Petitioner failed Dhanasar's first prong; he did not show that his specific endeavor had national importance beyond his immediate clients. While he projected hiring 97 employees and generating over $8 million in revenue by year five, the AAO found these projections lacked sufficient detail and did not rise to the level of substantial economic effect. Additionally, his past experience and the general importance of the digital marketing industry were insufficient to establish the national importance of the specific proposed work.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the three Dhanasar prongs; the Petitioner responded with HUBZone data and updated business projections.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
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: 2024-06-21.

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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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