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dismissed EB-2 (NIW) RFE Issued

Communications Specialist And An Entrepreneur

Marketing Industry · Brazil · 2025-01-21

Decision Date
2025-01-21
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 work in the United States as a marketing and communications specialist through her own company, of which she owns 10%, and her current position as head of marketing for a food and beverage company. She contends her services will indirectly generate jobs for U.S. citizens and contribute to the overall revenue growth of the marketing consultants industry.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

USCIS found that while the proposed endeavor had substantial merit, the petitioner failed to demonstrate its national importance, as it would not have broader implications beyond her future clients and employer(s).

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for EB-2 classification as an advanced degree professional, lacking a U.S. bachelor's equivalent or five years of progressive post-baccalaureate experience. Furthermore, she did not demonstrate that her proposed endeavor in marketing and communications had national importance under Dhanasar's first prong, as the projected job creation of six full-time employees and over $400,000 net worth by the fifth year were not deemed substantial enough to impact the national economy or field broadly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the petitioner's eligibility for EB-2 classification, specifically regarding her foreign degree equivalency and five years of progressive post-baccalaureate experience. The petitioner responded with employment letters and a credential evaluation, but these were found insufficient to resolve the inconsistencies and establish the required qualifications.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
Original Contributions
Credential Evaluation
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-21.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

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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