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dismissed EB-2 (NIW) RFE Issued

Marketing Professional Consultant

Marketing And Advertising Industry · 2025-03-17

Decision Date
2025-03-17
Location
Orlando, Florida
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 marketing and advertising agency in Orlando, Florida. This endeavor involves leveraging innovative strategies to address unique challenges of the U.S. market, impacting areas such as digital marketing and sustainable marketing practices.

Framework Evaluation

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

The Director determined the endeavor had substantial merit, but the Petitioner failed to establish its national importance. The AAO agreed, finding no evidence of substantial positive economic effects or national/global implications beyond limited client/employee benefits.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor under Dhanasar's first prong. The business plan's projections for 17 employees and $1.8 million in payroll expenses by year five lacked a basis and were not shown to significantly impact job creation or economic growth at a national level. USCIS also noted that merely working in an important field or addressing occupational shortages (which are handled by labor certification) is insufficient to establish national importance, and the proposed educational initiatives were not shown to have broader field-wide impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested elaboration on the Petitioner's proposed endeavor. In response, the Petitioner submitted a business plan for a marketing and advertising agency, but this response did not sufficiently address the national importance aspect of the endeavor.

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

Evidence

Evidence Types
Reference Letters Independent
Commercial Success
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: 2025-03-17.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

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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