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dismissed EB-2 (NIW) RFE Issued

General Manager

Hospitality Field ยท 2024-12-17

Decision Date
2024-12-17
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 plan, direct, or coordinate the operations of tourism and hospitality organizations, overseeing multiple departments or locations. This includes formulating policies, managing daily operations, and planning resource use. The endeavor also focuses on developing new talents by including apprentices (ages 14-18), people with disabilities, and the elderly in the hotel industry.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance by not providing sufficient evidence of broader implications or substantial positive economic effects beyond a single organization.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. While substantial merit was acknowledged, there was insufficient evidence to show the endeavor's broader implications beyond a single organization and its clients, or to demonstrate significant potential to employ U.S. workers or create substantial positive economic effects. The decision reserved opinion on the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the proposed endeavor. The petitioner responded by reiterating claims about promoting diversity, inclusion, and positive economic effects through training and inclusive hiring, but failed to provide sufficient substantiating evidence.

RFE Targets
Proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2024-12-17.

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

Related Pages

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

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