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 work in the United States as a Tourism and Hospitality Management Specialist within established hospitality organizations. The endeavor aims to reposition the U.S. hospitality industry, making it more robust, adaptable, and primed for growth in the post-pandemic era, by sharing industry knowledge related to innovative technologies, services and processes, safety protocols, staff recruiting and retention, training, sales strategies, development of partnerships, contracts, negotiations, and cutting-edge technology applications for hotels.
Framework Evaluation
1 of 3 criteria met
1The individual is well-positioned to advance their proposed endeavorMet
The Director concluded that the petitioner satisfied this prong, indicating they are well-positioned to advance their proposed endeavor.
2The proposed endeavor has both substantial merit and national importanceNot Met
The Director found the endeavor had substantial merit but lacked national importance. The AAO agreed, finding the petitioner did not establish broader implications, specific innovations, or significant economic/job impact.
3On balance, waiving the job offer requirement would benefit the United StatesNot Met
The Director concluded that the record does not satisfy this prong, meaning it would not, on balance, benefit the U.S. to waive the job offer and labor certification requirements.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish that the proposed endeavor has national importance, as required by the first Dhanasar prong. The evidence, including opinion letters and generalized articles, did not specifically address how the petitioner's unique endeavor would have broader implications, create specific innovations distinguishable from current practices, or lead to significant job creation or positive economic effects in the U.S. The AAO reserved opinion on prongs 2 and 3, but noted the Director found prong 2 met and prong 3 not met.
Request for Evidence (RFE)
Unsuccessfully Addressed
The Director issued an RFE. In response, the petitioner submitted a personal statement and resume. The RFE sought to address the lack of clarity regarding the petitioner's current employment (specifically an asserted 'consultancy role' not supported by the resume) and the specific innovations or national importance of the proposed endeavor. The AAO found this discrepancy undermined the reliability of the record.
RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavor
The petitioner proposes to work as a Tourism and Hospitality Management Specialist, focusing on enhancing industry practices in the U.S. through innovative solutions. Her endeavor aims at repositioning the U.S. hospitality industry, making it more robust, adaptable, and primed for growth in the post-pandemic era, contributing as a subject matter expert within established hospitality organizations.
The petitioner proposes to work as a customer service provider and manager, offering expertise in business strategy and management to help American companies. In an RFE response, she also proposed opening and operating a boutique hotel in New York to revive the hotel industry and train others in high-quality customer service.
The petitioner proposes to establish a company providing financial management services to small and medium-sized companies in the hospitality and tourism industry. The work involves data analytics, automation of systems, and strategic consultancy to improve business efficiency, profitability, and guest satisfaction.
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.
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.
