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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer (CEO)

Marketing Business ยท 2025-01-30

Decision Date
2025-01-30
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 the operation of a digital marketing business that 'will improve the competitive edge' of small businesses, 'enabling them to grow, innovate, and expand their market reach, which will result in substantial economic benefits.'

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Petitioner did not sufficiently explain and provide corroborating evidence of how his proposed endeavor would have broad implications rising to the level of national importance.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The previous appeal was dismissed because the Petitioner did not establish eligibility under Dhanasar's first prong, specifically failing to provide sufficient explanation and corroborating evidence for the national importance of his proposed digital marketing endeavor. USCIS found that general industry trends and unsubstantiated assertions from support letters were insufficient to demonstrate national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

An RFE was issued, but the specific content of the RFE was not detailed. The petitioner submitted new support letters on motion, but these were not considered as they were not part of the original record or RFE response.

Evidence

Evidence Types
Reference Letters Independent

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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: 2025-01-30.

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

Related Pages

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