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dismissed EB-2 (NIW)

Graphical Design Entrepreneur

Graphical Design Entrepreneur · 2024-05-02

Decision Date
2024-05-02
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 seeks to work as a graphical design entrepreneur in the United States. The record does not provide specific details regarding the research area or methodologies of the endeavor beyond the general field of graphic design.

Framework Evaluation

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

The Director found the Petitioner did not demonstrate that the proposed endeavor met this prong.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the Petitioner did not demonstrate he was well-positioned to advance the endeavor.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found the Petitioner did not demonstrate that a waiver of the job offer would be beneficial to the United States.

Why This Petition Was Denied

The appeal was dismissed primarily because it was filed 77 days after the denial, exceeding the 33-day regulatory limit. Furthermore, the Petitioner failed to contest the Director's final merits determination regarding exceptional ability, which constitutes a waiver of a dispositive issue. The original denial also noted that the Petitioner failed to satisfy any of the three Dhanasar prongs.

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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: 2024-05-02.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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