dismissed EB-2 (NIW) RFE Issued

Sales Manager And Customer Service Specialist

Management Consulting Firm That Focuses On Providing Advisory Services Related To Business Development · Brazil · 2024-05-08

Decision Date
2024-05-08
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 providing advisory services for business development, as well as a business related to property management and rental. The work aims to create economic bridges, promote business development, and improve the monetary output of the U.S. economy.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broad economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the record lacked evidence of broader implications beyond the petitioner's clients, such as significant job creation or substantial economic effects on a national scale. Additionally, inconsistencies in the description of the endeavor (consulting vs. property management) undermined the claim.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence to satisfy all three Dhanasar prongs; the petitioner responded with a definitive statement, letters of recommendation, and industry reports.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

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: 2024-05-08.

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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

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