dismissed EB-2 (NIW) RFE Issued

Business Development Specialist

Multi-Brand Retail, Franchise Network, Outlets, Wholesale, And Own Stores · Brazil · 2024-06-21

Decision Date
2024-06-21
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 as a business development specialist and independent consultant, offering services in strategic business management, sales planning, and operational management. He intends to focus on the textile, food and beverage, and automotive industries to increase profitability and enable growth for American companies.

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 or substantial prospective economic impact.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of his endeavor under the first Dhanasar prong. He failed to provide a business plan or specific projections showing substantial economic impact or job creation, and his work was deemed to have only local or company-specific effects rather than broad national implications.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding all three Dhanasar prongs. The Petitioner responded with an updated professional plan and expert opinion letter.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-06-21.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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