dismissed EB-2 (NIW)

Human Resources And Marketing Communications Specialist

Human Resources And Marketing Communications · 2025-01-28

Decision Date
2025-01-28
Location
Florida
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 proposed endeavor involves a company that anticipates hiring eight employees by the end of year five and projects sales of $202,720 in year one, increasing to $547,254 in year five. The endeavor aims to provide economic benefits through business activity and potential employment.

Framework Evaluation

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

The AAO determined that the petitioner's proposed endeavor's prospective impact did not rise to the level of national importance and did not have a significant potential to employ U.S. workers or otherwise offer substantial positive economic effects, particularly in Florida or the United States.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to establish that the previous decision was based on an incorrect application of law or policy. Specifically, the AAO found that the petitioner's business plan, projecting 8 employees by year five and sales of $202,720 in year one increasing to $547,254 in year five, did not sufficiently demonstrate substantial economic benefits or national importance. The petitioner did not provide sufficient evidence to show the company's operations in Florida or the U.S. would provide substantial economic benefits through employment levels, tax revenue, or business activity, thus failing to satisfy the first Dhanasar prong regarding national importance and significant positive economic effects.

Evidence

Evidence Types
Business Plan
Expert Letters
Reference Letters Independent

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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: 2025-01-28.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

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