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dismissed EB-2 (NIW) RFE Issued

Marketing Manager/Entrepreneur

Marketing Consulting · 2024-07-09

Decision Date
2024-07-09
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 manage and operate a U.S.-based marketing consulting company focusing on small and mid-sized businesses. The endeavor involves providing business intelligence and digital marketing strategy services to achieve cross-border sales for U.S. companies and assist foreign companies in entering the U.S. market.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on her experience and education.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although she projected hiring 80 employees and generating $4.5 million in revenue by year five, she provided no evidence to support these projections or show substantial economic effects beyond her immediate clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the potential prospective impact of the work; the petitioner provided a business plan and industry reports which failed to show broader implications.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-07-09.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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