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dismissed EB-2 (NIW)

Digital Marketing Entrepreneur

Online Digital Marketing Field · Brazil · 2024-09-19

Decision Date
2024-09-19
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 work as an online digital marketing entrepreneur, operating his own company to provide consulting services in market research, development strategies, and marketing campaign management and analytics. This includes offering tactics for product design, search engine optimization, targeted social media and email marketing, and digital advertising. He also claims his company will design and provide online courses and seminars and train his own employees, and introduce "avant-garde," "innovative," and "highly effective" digital marketing strategies as well as "novel techniques" that "could revolutionize" the marketing industry.

Framework Evaluation

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

The AAO found that the petitioner did not establish that his proposed endeavor has national importance, lacking specific details or probative evidence of innovative methods, broader implications beyond his business, or substantial positive economic/societal effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy Dhanasar's first prong, national importance. The AAO found a lack of specific detail or probative evidence for the claimed innovative methods, broader implications beyond his business and clients, significant potential to employ U.S. workers (projected 13 employees by year five, 156 indirect jobs claimed), or substantial positive economic effects (projected $3.3 million revenue by year five, $1 million net profit). The educational component and alignment with STEM were also not sufficiently demonstrated to have national importance. Claims regarding HUBZones and tax contributions were also not substantiated as having national importance.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success
Reference Letters Independent
Business Plan

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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: 2024-09-19.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

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

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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