dismissed EB-2 (NIW) RFE Issued

Entrepreneur Specializing In E-Commerce

E-Commerce Operational And Consultancy Services · 2024-06-04

Decision Date
2024-06-04
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 an e-commerce business specializing in digital commerce aspects such as dropshipping, wholesale arbitrage, and private labeling, with a focus on kitchen and home goods. Additionally, the company would function as a digital agency and consultancy firm providing guidance on marketplace management, SEO, and digital marketing to small businesses.

Framework Evaluation

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

The petitioner failed to show how his specific company would have a prospective national impact on the field or economy of any scale.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. While the business plan projected hiring 15 individuals and generating $3,665,191 in revenue by the fifth year, these projections lacked an objective basis or probative evidence of substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish national importance; the petitioner provided a business plan and expert letter, but these were found insufficient to show broader implications.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-06-04.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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