dismissed EB-2 (NIW) RFE Issued

Marketing Manager

Marketing And Business Administration · Brazil · 2022-02-25

Decision Date
2022-02-25
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 work as a marketing manager/director designing marketing strategies, identifying business development opportunities, and leveraging consumer data to create competitive advantages. He intends to assist U.S. companies with international expansion and help foreign companies introduce their operations to the U.S. market.

Framework Evaluation

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

The endeavor has substantial merit but the petitioner failed to show it has national importance or broader implications for the field.

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 prong of Dhanasar. While the endeavor had substantial merit, the record lacked evidence of broader implications, specific job creation numbers, or substantial positive economic effects beyond the petitioner's immediate clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence to establish the national importance of the endeavor; the petitioner provided revised statements and letters from potential clients.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent

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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: 2022-02-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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