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dismissed EB-2 (NIW) RFE Issued

Production Manager And Lead Designer

Jewelry And Luxury Watches · Brazil · 2022-12-22

Decision Date
2022-12-22
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 serve as the Production Manager and Lead Designer for M-T-Corp., a jewelry and luxury watch company. He intends to create unique, custom-crafted products for exclusive clients and launch a new brand of watches in the American, Brazilian, and European markets.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance because it does not extend beyond the petitioner's company to impact the industry at a national level.

2 Well Positioned to Advance the Endeavor Not Met

The Director found this prong was not met, and the AAO did not reach a full de novo conclusion on it as prong 1 was failing.

3 Waiver of Job Offer and Labor Certification Not Met

The Director found this prong was not met, and the AAO reserved judgment as the petitioner failed the first prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. Although he is an advanced degree professional, he did not provide evidence that his specific business operations would have broader implications for the field or substantial positive economic effects beyond his own company.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for evidence of national importance. The petitioner provided a statement about job creation and tax contributions, but lacked corroborating data.

RFE Targets
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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-12-22.

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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 3,816
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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