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dismissed EB-2 (NIW) RFE Issued

Marketing Manager

Marketing · 2024-12-19

Decision Date
2024-12-19
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 continue working as a marketing manager, providing strategic guidance and direction in marketing, advertising, business management, and marketing analysis to help U.S. businesses improve their strategies and practices. She also mentioned assisting companies adapt to a larger virtual model in light of the COVID-19 pandemic, though this was considered a material change from the initial filing.

Framework Evaluation

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

The petitioner did not sufficiently demonstrate the national importance of her proposed endeavor, lacking specific details, clients, partners, or quantifiable business metrics beyond general career continuation.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first Dhanasar prong. The Administrative Appeals Office (AAO) found insufficient evidence regarding the substantive nature of her proposed endeavor, noting a lack of detail on specific projects, operational plans, timelines, or quantifiable business metrics. The AAO also disregarded evidence submitted after the initial filing as material changes, including plans related to the COVID-19 pandemic and work with her current employer.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the proposed endeavor. In response, the petitioner submitted an additional professional plan and statement, reiterating her role as a marketing manager and claiming her endeavor would help U.S. companies seize new market opportunities and adapt to a virtual model, but these were considered material changes from the initial filing.

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

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-12-19.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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