dismissed EB-2 (NIW) RFE Issued

Business Operation Specialist / General And Operations Manager

International Trade And Consulting Services ยท 2023-12-13

Decision Date
2023-12-13
Location
Michigan
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 proposed to operate an international trade consulting business (G-) to assist U.S. manufacturers in the electrical, plumbing, and hardware industries with entering foreign markets. Additionally, she proposed seeking employment in business administration, marketing, and logistics, as well as operating a real estate remodeling business (S-).

Framework Evaluation

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

The petitioner failed to provide a consistent and detailed description of her specific endeavor, making it impossible to determine national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner provided inconsistent evidence regarding her specific proposed endeavor, listing multiple unrelated roles such as translator, professor, and real estate remodeler. Consequently, she failed to satisfy the first Dhanasar prong as she did not demonstrate the national importance of a specific, well-defined endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the proposed endeavor; the petitioner responded with inconsistent information about multiple different business activities.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent

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Consultant

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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: 2023-12-13.

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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

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