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dismissed EB-2 (NIW) RFE Issued

Lodging Manager

Hotel Management · 2024-09-05

Decision Date
2024-09-05
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's initial proposed endeavor was to work as a lodging manager, coordinating front-desk activities, resolving problems, setting budgets, and performing administrative tasks, while exploring potential business opportunities in the service sphere in the USA. Later, the petitioner proposed launching a hotel management company focused on environmentally-friendly practices and sustainable hospitality services.

Framework Evaluation

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

The petitioner did not submit persuasive evidence to support a finding of substantial merit and national importance for the initial proposed endeavor of working as a lodging manager and performing exploratory market research.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish qualification for the underlying EB-2 visa classification as an advanced degree professional, as the typical entry-level education for a lodging manager is a high school diploma, not a baccalaureate degree. Furthermore, the petitioner made an impermissible material change to the proposed endeavor between the initial filing and the RFE response. USCIS found insufficient information and persuasive evidence to determine if the initial proposed endeavor (working as a lodging manager and exploring career options) had substantial merit or national importance under Dhanasar's first prong.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE prompted the petitioner to submit a new business plan, which significantly altered the proposed endeavor from general lodging management and business exploration to launching a sustainable hotel management company. This was considered an impermissible material change.

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

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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: 2024-09-05.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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