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dismissed EB-2 (NIW) RFE Issued

I.T. Sales Manager

Information Technology · 2025-03-25

Decision Date
2025-03-25
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 as an I.T. sales manager, focusing on nurturing American businesses' expansion into Latin American markets by offering cybersecurity solutions. This involves managing sales teams, driving revenue, advancing innovative sales techniques, building C-level client relationships to integrate cybersecurity, strategically managing accounts, leading merger and acquisitions negotiations, and providing training for salespeople in technology.

Framework Evaluation

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

The AAO agreed with the Director that the Petitioner failed to establish the national importance of her proposed endeavor, despite acknowledging its substantial merit. The impact was not shown to extend beyond the immediate vicinity of her employer and clients.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director concluded that the Petitioner had not met this prong, and the AAO reserved further argument on this prong as the first prong was not met, leading to the dismissal of the appeal.

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

The Director concluded that the Petitioner had not met this prong, and the AAO reserved further argument on this prong as the first prong was not met, leading to the dismissal of the appeal.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor. While the endeavor was found to have substantial merit, USCIS determined that the Petitioner did not demonstrate how her specific activities as an I.T. sales manager would have a significant impact beyond her employer and its clients. General assertions about the importance of the I.T. and cybersecurity industry or speculative projections of job growth and tax revenue without specific, corroborated figures were deemed insufficient to meet the national importance prong of the Dhanasar framework. The decision did not include specific metrics like publication count, citation count, or h-index.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to demonstrate that the benefit from the Petitioner's proposed endeavor would extend beyond an organization and its clients. The petitioner responded by describing broad areas of national concern like cybersecurity and economic performance, but failed to link these to the national importance of her specific activities.

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

Evidence

Evidence Types
Reference Letters Dependent

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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: 2025-03-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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