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dismissed EB-2 (NIW) RFE Issued

Trade Specialist

International Business And Trade · 2024-04-18

Decision Date
2024-04-18
Location
United States
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 independent consultant developing customized international business plans and trade strategies for U.S. small and medium-sized enterprises (SMEs). The work involves analyzing global economic trends and trade policies to help SMEs expand sales abroad, diversify supply chains, and achieve economic growth.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but the petitioner failed to demonstrate its potential prospective impact rises to the level of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. While the work had substantial merit, the record did not show that providing consulting to individual clients would have broader implications for the field or the U.S. economy at a level commensurate with national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding national importance and being well-positioned. The petitioner responded with industry articles and government initiatives, but these did not establish the specific impact of his endeavor.

RFE Targets
Substantial Merit and National Importanceprong 2

Evidence

Evidence Types
Reference Letters Dependent
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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