dismissed EB-2 (NIW) RFE Issued

Marketing And Advertising Consultant

Marketing And Advertising · South Korea · 2024-07-22

Decision Date
2024-07-22
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 establish a Digital Marketing Communication Platform (DMCP) using AI technology and programmatic advertising to help U.S. small businesses and startups access global markets. She intends to develop creative content strategies and localized advertising services specifically for small and medium-sized businesses, family-based agricultural businesses, and freelancers.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks evidence of national importance or significant potential for job creation and economic impact.

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. While the endeavor had substantial merit, the record lacked specific financial projections, evidence of secured funding, or a clear plan for job creation that would result in substantial positive economic effects. The Director noted the business plan lacked financial details and the commitment letters did not specify investment amounts.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner provided a business plan and letters of interest, but these lacked financial specifics and proof of impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
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: 2024-07-22.

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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

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