Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer

Higher Education Consulting Business · Nigeria · 2024-11-01

Decision Date
2024-11-01
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 establish a higher education consulting business for which he would be its chief executive officer. The business aims to promote value-based education to higher education institutions and accreditation agencies with the goal of increasing student enrollment and retention, particularly in underserved communities. Its services would include curriculum enhancements, community engagement programs, and leadership and quality assurance training, utilizing a proprietary algorithm for data analysis and customized intervention strategies.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Partially Met

The proposed endeavor was found to have substantial merit, but the petitioner failed to establish its national importance, as the evidence did not sufficiently demonstrate a broad impact beyond the business and its clients, or substantial economic/social welfare benefits commensurate with national importance.

2 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that the Petitioner did not establish that waiving the job offer requirement would benefit the United States. The AAO agreed with this determination.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that his proposed endeavor has national importance, a requirement of the first Dhanasar prong. While the endeavor had substantial merit, the Petitioner did not provide sufficient evidence that his business's activities would have a broad impact beyond his clients, or substantial economic/social welfare benefits. The business plan's projections of 139 direct employees and over $38 million in revenue over five years were not adequately supported with details on how they would be realized, and these figures were not deemed to rise to the level of national importance. Furthermore, the proprietary algorithm's claimed innovations lacked independent and objective supporting evidence. Recommendation letters primarily focused on the Petitioner's professional competencies and experience, rather than the prospective national impact of his specific endeavor. Alignment with U.S. Department of Education initiatives was asserted but lacked supporting evidence and quantification of the specific endeavor's impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

A Request for Evidence (RFE) was issued, and the petitioner was put on notice to provide required evidence. The petitioner submitted new evidence, including updated recommendation letters, with the appeal. However, this new evidence was not considered because it should have been provided in response to the RFE.

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

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Government Alignment

Similar Cases

Chief Executive Officer (CEO)

Information Technology

USCIS EB-2 (NIW) dismissed
2024-08-12
The petitioner proposes to be the chief executive officer and sole owner of an IT consulting business. This business will support small and medium-sized businesses with network infrastructure, cybersecurity, cloud computing, software provision, and disaster recovery. Additionally, the petitioner plans to provide IT training for individuals seeking to enter the IT job market.

Chief Executive Officer (CEO)

Consulting

USCIS EB-2 (NIW) rfe dismissed
2025-02-24
The Petitioner proposes to operate a consulting firm focused on establishing, initiating, and optimizing business development strategies based on business intelligence. The company's primary objective is to expand businesses globally through foreign trade, supporting the import and export of products with a focus on the automation and electronic security segment.

Chief Executive Officer (CEO)

Consulting · Azerbaijan

USCIS EB-2 (NIW) rfe dismissed
United States 2024-06-14
The petitioner proposes to operate a management consulting firm (LLC) providing strategy, operations, and process management services to small-and medium-sized enterprises and startups. The work focuses on business process reengineering aimed at enhancing client efficiency and minimizing administrative expenses.

Chief Executive Officer (CEO)

Consulting

USCIS EB-2 (NIW) dismissed
Florida 2024-12-11
The petitioner proposes to work as the chief executive officer for a startup business administration consulting services company. This company will offer tailored consultancy specialized in strategic growth and marketing solutions for small and medium-sized enterprises (SMEs) in the fashion business sector, including clothing, footwear, accessories, and related industries.

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.

Browse More Cases

More dismissed cases More Education cases More cases from Nigeria

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-01.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist