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dismissed EB-2 (NIW) RFE Issued

Management Specialist

Management Specialist · 2024-08-01

Decision Date
2024-08-01
Location
Georgia
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 a management specialist to help a Georgia-based company, and potentially other U.S. companies, develop more innovative and cost-effective strategies tailored to their objectives and budgets. This involves conducting performance evaluations, reviewing employee records, assembling teams, analyzing data, and making strategic decisions regarding resource allocation and activities, with plans to expand into new markets like Virginia.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director and AAO agreed that the Petitioner is well-positioned to advance his proposed endeavor based on his education, skills, and experience.

2 The proposed endeavor has both substantial merit and national importance Not Met

The AAO found the endeavor had substantial merit in business but lacked national importance, as the evidence did not demonstrate a broad impact beyond the petitioner's employer.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first Dhanasar prong. While the AAO agreed the endeavor had substantial merit and the Petitioner was well-positioned (Prong 2), the evidence did not demonstrate a broad impact beyond his employer. Expert letters were deemed to provide conclusory statements about the general importance of management rather than specific national importance of the Petitioner's endeavor, and no specific metrics like job creation estimates or financial impacts were sufficiently detailed.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further elaboration on the proposed endeavor. The petitioner responded by clarifying his role as a management specialist helping his company and other U.S. companies with innovative strategies. The AAO accepted the petitioner's explanation that an initial attorney's letter describing a different endeavor was a clerical error.

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

Evidence

Evidence Types
Reference Letters Independent
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: 2024-08-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

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