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dismissed EB-2 (NIW)

Marketing Manager, Chief Executive Officer

Marketing · Colombia · 2024-12-13

Decision Date
2024-12-13
Location
Utah
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 establish a green marketing consulting business, serving as its chief executive officer. The business aims to guide small and medium-sized businesses in adopting environmentally friendly practices by offering comprehensive green marketing services, including recommendations for eco-friendly technologies, waste reuse, and recycling activities.

Framework Evaluation

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

The endeavor was found to have substantial merit, but the Petitioner failed to demonstrate its national importance, as its potential impact was not shown to extend broadly beyond the business and its clients.

2 Petitioner is well-positioned to advance the proposed endeavor Not Met

The Director determined the Petitioner was not well-positioned, but the AAO declined to review this prong as the first prong was dispositive.

3 On balance, it would benefit the U.S. to waive the job offer and labor certification requirements Not Met

The Director determined that waiving the job offer would not benefit the U.S., but the AAO declined to review this prong as the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 advanced degree classification and did not meet the first Dhanasar prong for national importance. Specifically, the Petitioner's foreign degree was not deemed equivalent to a U.S. bachelor's degree, and the proposed green marketing business, despite having substantial merit, did not demonstrate a broad prospective impact commensurate with national importance beyond its direct clients and projected modest financial contributions (5 jobs, $700,000 salaries, $1.8 million tax revenue over five years).

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success
Government Alignment

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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: 2024-12-13.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 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 EB-2 (NIW) in Colombia All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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