dismissed EB-2 (NIW)

Marketing Manager And Entrepreneur

Marketing Consulting · 2024-08-22

Decision Date
2024-08-22
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 proposed to found a marketing consulting company located in Florida, with plans to expand into Texas and North Carolina within three years, and to increase an initial staff of three workers to 11 total employees within the first five years of operation.

Framework Evaluation

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

The AAO found that the record does not establish how the proposed endeavor may have national importance, as its impact appears limited to the organizations and clients her company would serve, without broader national or global implications or significant potential to employ U.S. workers.

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

The AAO reserved its opinion regarding this prong, as the first prong was not met. Evidence such as recommendation letters and company documents were deemed material to this prong but not to the first prong.

3 On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements Not Met

The AAO reserved its opinion regarding this prong, as the first prong was not met.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner did not establish that the previous decision was based on an incorrect application of law or policy. The AAO found that the proposed endeavor lacked national importance under the first Dhanasar prong, as its impact appeared limited to clients and did not demonstrate broader national or global implications, or significant potential to employ U.S. workers. The AAO reserved opinion on the second and third prongs.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-08-22.

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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

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