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dismissed EB-2 (NIW)

Consultant To Provide Marketing And Digital Services

Marketing And Digital Services · 2024-10-04

Decision Date
2024-10-04
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 consultant providing specialized consulting and advisory services in marketing and digital innovation to small and medium-sized businesses, particularly those owned by underserved populations. The goal is to address deficiencies in technological tool usage, promote economic equity, and help these businesses overcome structural barriers.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to establish its national importance, as the impact was not shown to extend beyond immediate clients or to generate substantial positive economic effects or job creation directly attributable to the petitioner's specific work.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the first prong of the Dhanasar framework, which requires demonstrating both substantial merit and national importance. While the endeavor was found to have substantial merit, USCIS determined that the evidence did not establish the national importance of the endeavor, as its impact was not shown to extend beyond immediate clients to broader industry implications or to generate substantial positive economic effects or job creation directly attributable to the petitioner's specific work. The decision reserved judgment on the second and third Dhanasar prongs.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-10-04.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,815
Success Rate 53.6%
Sustained 2,046
Dismissed 1,673

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