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dismissed EB-2 (NIW)

Chief Executive Officer/Marketing Consultant

Digital Marketing Company · 2025-03-05

Decision Date
2025-03-05
Location
California
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 serve as the chief executive officer/marketing consultant of a digital marketing company based in California. This company aims to offer tailored solutions to empower small and medium-sized businesses in the United States, focusing on driving success, expanding sales, fostering profitable growth, and setting new industry standards. It also intends to offer services to Brazilian businesses expanding into the U.S. market.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The AAO found the endeavor had substantial merit but lacked sufficient evidence to demonstrate national importance, as the projected economic impacts and job creation were not adequately supported or tied directly to the specific endeavor.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that her proposed endeavor has national importance, which is the first prong of the Dhanasar framework. While the endeavor has substantial merit, the claims of $9.63 million in sales revenue and the creation of 156 jobs by the fifth year were not supported by sufficient details or explanations of how they would be realized. The use of RIMS II multipliers for a nascent marketing business was deemed inappropriate, and the evidence did not establish a substantial impact on the regional or national economy beyond the company's direct customers.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2025-03-05.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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