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dismissed EB-2 (NIW) RFE Issued

Sales Manager

Duty-Free And Travel Retail Sectors · 2025-04-09

Decision Date
2025-04-09
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 establish a consulting company in California to provide strategy, marketing, and logistics solutions for U.S. duty-free retailers expanding into Latin America. The work involves advising on international expansion, supply chain management, and regulatory compliance to increase exports of luxury goods like liquor and electronics.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broader implications for the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1). The record contained conflicting information regarding whether he would be a manager for a foreign employer or run his own consultancy, and his projections of 18 jobs and $154,000 in annual tax revenue were deemed insufficient to show a national-level economic impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for evidence of national importance; the petitioner responded with a business plan for a new consulting firm and economic projections.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2025-04-09.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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