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dismissed EB-2 (NIW) RFE Issued

Business Developer

IT And Telecommunications Market · Brazil · 2024-05-29

Decision Date
2024-05-29
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 operate as a business developer, focusing on developing two companies: M-S-Inc., a supplier of optical transmission products, and V-S-Corp., which assists foreign entrepreneurs in starting technology companies. He also intends to advise U.S. companies on effectively planning and coordinating business operations.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks sufficient evidence of national importance or broader implications for the field.

2 Well-positioned to Advance the Endeavor Not Met

The AAO found the petitioner did not meet the underlying EB-2 exceptional ability requirements, undermining his position to advance the endeavor.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish EB-2 eligibility as an individual of exceptional ability, failing to meet at least three criteria (specifically lacking 10 years of experience and a valid professional certification). Furthermore, the proposed endeavor did not satisfy the national importance requirement of the first Dhanasar prong due to a lack of evidence regarding broader industry impact or job creation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to clarify the petitioner's qualifications and the national importance of the business development endeavor. The response included experience letters and salary surveys which were deemed insufficient.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-05-29.

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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 3,816
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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