dismissed EB-2 (NIW)

Marketing Manager

Marketing · Philippines · 2022-10-26

Decision Date
2022-10-26
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 as a marketing manager to benefit the U.S. economy by increasing the flow of money into the U.S. on a national level and contributing to the U.S. gross domestic product. The endeavor aims to employ U.S. workers through marketing projects and expertise.

Framework Evaluation

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

The Petitioner did not establish that the proposed endeavor satisfied the requirements of the first prong.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish EB-2 eligibility, specifically lacking a U.S. equivalent baccalaureate degree and five years of post-baccalaureate experience at the time of filing. Furthermore, the petitioner did not satisfy the first prong of the Dhanasar framework, and the current motion failed to provide new facts or demonstrate an incorrect application of law in the previous dismissal.

Evidence

Evidence Types
Original Contributions

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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: 2022-10-26.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

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

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