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dismissed EB-2 (NIW) RFE Issued

Sales Manager

Digital Marketing Platform / Sales · 2024-06-11

Decision Date
2024-06-11
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 start a business as a sales manager and build a digital platform for 'bounced leads,' allowing businesses to share marketing leads they cannot follow up on with competitors. He also plans to conduct customer development research using the Lean Startup methodology to create a Minimum Viable Product (MVP) and eventually seek seed funding from incubator firms.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked national importance because the Petitioner did not provide evidence of its potential prospective impact or scale.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of his endeavor under the first Dhanasar prong. The proposal was considered vague, lacking probative evidence of prospective impact, and failed to show how filling a single sales manager position would alleviate a national talent shortage. Additionally, the Petitioner did not demonstrate how his platform would align with STEM priorities or technology leadership.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a clearer description of the proposed endeavor. The Petitioner provided details on his 'bounced leads' platform and MVP strategy, but the response was deemed insufficient to establish national importance.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Government Alignment
Letters

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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: 2024-06-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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