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dismissed EB-2 (NIW) RFE Issued

Marketing Manager

Marketing Industry · Brazil · 2024-03-01

Decision Date
2024-03-01
Location
United States
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 create a limited liability company providing marketing, communications, and digital marketing services, as well as marketing training for professionals. The endeavor would initially focus on e-commerce, small businesses, and event promotion companies in her home state.

Framework Evaluation

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

The endeavor lacked evidence of national importance or broad impact on the marketing field beyond the petitioner's own business and projected local employment.

2 Well Positioned to Advance the Proposed Endeavor Not Met

The petitioner lacked a record of success in business operations (as opposed to marketing tasks) and failed to corroborate financial resources or significant market interest at the time of filing.

3 On Balance, it would Benefit the United States to Waive the Requirements of a Job Offer Not Met

The petitioner did not qualify for the waiver as the first two prongs were not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed all three Dhanasar prongs. Specifically, she did not show her business would impact the field broadly (Prong 1), lacked a record of success in business operations or proof of funding (Prong 2), and thus did not qualify for a waiver (Prong 3).

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE prompted the petitioner to provide more evidence on national importance and her ability to advance the endeavor, to which she provided a business plan and letters from Brazil.

RFE Targets
Substantial Merit and National ImportanceWell Positioned to Advance the Proposed Endeavor

Evidence

Evidence Types
Reference Letters Dependent
Business Plan

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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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-03-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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 Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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