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dismissed EB-2 (NIW) RFE Issued

Marketing Specialist

Fashion Industry ยท 2024-09-19

Decision Date
2024-09-19
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 in the United States as a marketing specialist, focusing on strategic communication planning, graphic design, brand management, digital marketing, and team management, specifically tailored for the fashion industry. The endeavor aims to boost sales, performance, and impact the U.S. marketing field.

Framework Evaluation

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

The Petitioner failed to demonstrate that the proposed endeavor has national importance, as it did not show broader implications, significant potential to employ U.S. workers, or substantial positive economic effects beyond individual employers.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. USCIS found insufficient evidence to demonstrate broader implications, significant potential for U.S. job creation, or substantial positive economic effects, particularly in an economically depressed area. The decision did not evaluate the second and third prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE seeking more evidence to demonstrate the national importance of the proposed endeavor, specifically its potential prospective national or global impact. The Petitioner responded with additional evidence, but USCIS ultimately found it insufficient to meet the criteria for national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance.

Evidence

Evidence Types
Reference Letters Independent

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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: 2024-09-19.

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

Related Pages

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

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