dismissed EB-2 (NIW) RFE Issued

Marketing Manager

Marketing Professional · 2024-08-15

Decision Date
2024-08-15
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 work as a marketing manager, developing marketing plans for U.S. companies to bolster market positions domestically and internationally, brand products and services, and increase profits. She also intends to create an investment and property management digital platform in Florida that connects investors, brokers, property management, and maintenance contractors with real estate opportunities.

Framework Evaluation

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

The Petitioner did not provide a clear, detailed, and consistent description of her proposed endeavor, making it impossible for USCIS to determine if it had substantial merit and national importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to provide a clear, detailed, and consistent description of her proposed endeavor. Due to the varying descriptions of her work (marketing manager for U.S. companies vs. CEO of a Florida-based digital platform company), USCIS could not make a meaningful determination regarding the substantial merit and national importance (Prong 1) of her proposed endeavor. As the first prong was not met, further analysis of the second and third Dhanasar prongs was deemed unnecessary.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the proposed endeavor to establish its substantial merit and national importance. The petitioner responded by reiterating her plans as a marketing manager and referencing her business plan for a digital platform, but these descriptions were deemed inconsistent and insufficient.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent
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: 2024-08-15.

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

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