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dismissed EB-2 (NIW) RFE Issued

Interior Designer/Entrepreneur

Interior Design And Entrepreneurship · Brazil · 2024-05-14

Decision Date
2024-05-14
Location
Massachusetts
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 develop and expand her interior design business in the United States. She intends to provide services in interior design, sustainable design, and project management, specifically aiming to serve small and medium-sized enterprises owned by minorities and women.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director determined the petitioner was well-positioned based on her experience and portfolio.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that waiving the labor certification would benefit the U.S. on balance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. While she projected creating 43 jobs and generating over $17 million in revenue, these figures were not substantiated by evidence of funding or contracts. Additionally, her claim of operating in a HUBZone was contradicted by the business's actual principal office address.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for EB-2 eligibility and all three Dhanasar prongs. The petitioner resubmitted evidence and provided new letters and reports, but failed to satisfy the national importance requirement.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Reference Letters Independent
Government Alignment

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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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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