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dismissed EB-2 (NIW) RFE Issued

Entrepreneur Digital Marketer

Entrepreneurship, Digital Marketing, Business Development, Marketing Management · Brazil · 2023-06-08

Decision Date
2023-06-08
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 work as an entrepreneur in the U.S., focusing on digital marketing, business development, and strategic partnerships. He intends to assist American companies in targeting Latin American markets and facilitate cross-border projects and investments between the U.S. and Brazil.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked evidence of national importance or significant potential for U.S. economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework regarding national importance. The AAO found that the petitioner's services would primarily benefit his specific clients rather than the industry or U.S. economy more broadly. Additionally, a new business plan submitted in response to the RFE for a company created after the initial filing was considered a material change and not part of the original eligibility.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding eligibility; the petitioner responded with a business plan for a new entity created after the initial filing, which the AAO declined to consider as it constituted a material change.

RFE Targets
Substantial Merit and National Importance

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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: 2023-06-08.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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