dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer

Management Consulting · Azerbaijan · 2024-06-14

Decision Date
2024-06-14
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 a management consulting firm (LLC) providing strategy, operations, and process management services to small-and medium-sized enterprises and startups. The work focuses on business process reengineering aimed at enhancing client efficiency and minimizing administrative expenses.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. Although the business projected $1 million in revenue by 2025, the USCIS found these figures insufficient to demonstrate a national-level economic impact or broader influence on the consulting industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner responded to the RFE with a business expansion plan to demonstrate growth, but this was rejected as a material change to the original petition.

RFE Targets
Substantial Merit and National Importance

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: 2024-06-14.

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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

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