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dismissed EB-2 (NIW) RFE Issued

Marketing Manager

Marketing And Business Administration · 2023-03-13

Decision Date
2023-03-13
Location
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 work as a marketing manager, utilizing her experience in advertising and media planning to help U.S. companies reach key targets. In response to an RFE, she also proposed developing a marketing consulting agency in Florida to provide brand strategy and digital marketing analysis for small and medium-sized companies.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked sufficient evidence to demonstrate national importance or broader industry 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. The AAO noted that her work would primarily benefit her specific employers rather than the industry or U.S. economy more broadly, and she failed to provide evidence of significant job creation or substantial economic impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence of eligibility; the petitioner responded by submitting a 'Definitive Statement' and a business plan for a new consulting agency.

RFE Targets
Substantial Merit and National Importance

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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: 2023-03-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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