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dismissed EB-2 (NIW) RFE Issued

Sales Manager

Logistics · 2024-12-11

Decision Date
2024-12-11
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 continue working as a Sales Manager, providing services to various U.S. logistics companies in pre-sale consulting management, sales support management, strategy optimization studies, and operational support management. This endeavor aims to improve the supply chain process, affecting shipping and manufacturing, and thereby positively impacting the economy through increased efficiency.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance. Not Met

The petitioner established substantial merit but failed to demonstrate that the proposed endeavor had national importance, as it did not show impact beyond specific companies and clients or substantial positive economic effects for the nation.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework, specifically regarding national importance. USCIS found insufficient evidence to demonstrate that the proposed endeavor would have a broad impact beyond the petitioner's direct clients or generate substantial positive economic effects, such as job creation. The decision noted a lack of a detailed plan for how the endeavor would achieve national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to establish the national importance of the proposed endeavor, specifically how it would extend beyond the petitioner's company and clients to impact the industry more broadly or achieve substantial economic effects. The petitioner responded with an updated personal statement, recommendation letters, and articles, but did not provide further detail on the specific occupation, how services would be delivered, or sufficient evidence of broad national impact.

RFE Targets
The proposed endeavor has both substantial merit and national importance.

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-12-11.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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