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dismissed EB-2 (NIW) RFE Issued

Graphic Designer

Graphic Design, Remodeling, And Interior Design Industries · 2024-01-26

Decision Date
2024-01-26
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 proposes to operate a business providing graphic design services, specifically focusing on graphic interior design for clients in the remodeling and interior design industries.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked evidence of national importance.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. The petitioner did not establish the national importance of his specific endeavor, as his business plan lacked supported job creation and revenue details, and the expert opinion letter did not explain how his specific services would have broader implications for the U.S. field or economy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the Dhanasar prongs, specifically regarding the national importance of the endeavor.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Independent
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: 2024-01-26.

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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 3,814
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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