dismissed EB-2 (NIW)

Chief Executive Officer (CEO)

Marketing Business ยท 2024-07-29

Decision Date
2024-07-29
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 business specializing in digital marketing services such as content creation, traffic generation, and social media management for small business owners. Additionally, the endeavor includes offering training, seminars, and courses on business development and growth strategies for entrepreneurs both in person and online.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it primarily benefits the petitioner's specific clients rather than the industry or economy at large.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. Although the Petitioner projected creating 174 direct and indirect jobs and generating over $26 million in revenue using a RIMS II model, the AAO found these projections lacked sufficient detail and evidentiary basis to demonstrate substantial positive economic effects.

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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: 2024-07-29.

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At a Glance

Outcome dismissed
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

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