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dismissed EB-2 (NIW) RFE Issued

General And Operations Manager, Chief Executive Officer And Head Consultant

General And Operations Manager, Consulting Company · 2024-08-01

Decision Date
2024-08-01
Location
Florida
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 initially proposed to work as a general and operations manager to advise U.S. companies on planning, directing, and coordinating operations, especially for international business. Later, in response to an RFE, the petitioner proposed to operate her own consulting company offering international relations, foreign trade, and business development consulting services, aiming to create value chains between Turkey and the United States.

Framework Evaluation

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

The endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as the benefits were limited to immediate customers and lacked broader implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. While the substantial merit of general and operations management was acknowledged, the evidence did not show broader implications or significant economic benefits beyond immediate clients. The Director also deemed the change in the proposed endeavor (from general manager to operating her own consulting company) a material change, which was waived on appeal.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the proposed endeavor and its national importance. The petitioner responded by proposing a new endeavor (operating her own consulting company) and submitting a business plan, which was later deemed an impermissible material change and not considered probative evidence.

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

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-08-01.

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

Related Pages

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