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dismissed EB-2 (NIW) RFE Issued

Entrepreneur And Marketing Consultant

Marketing Sector · Brazil · 2024-07-19

Decision Date
2024-07-19
Location
Pennsylvania
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 open a marketing consulting firm in Pennsylvania focused on small to medium-sized businesses. The endeavor involves providing specialized advice on physical and digital marketing strategies, sales processes, and the standardization of marketing operations using the latest technology.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance as its impact is primarily limited to the clients served.

2 On Balance, Beneficial to Waive Job Offer Not Met

The USCIS reserved judgment on this prong because the first prong was not met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the petitioner provided a business plan projecting 8 direct jobs and $709,749 in revenue by year five, the USCIS found the projections lacked supporting evidence and the impact was localized rather than having a broad national effect.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner responded with details on his background and the potential for job creation and industry-wide dissemination of his methods.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Original Contributions
Business Plan
Expert Opinion Letter

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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: 2024-07-19.

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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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