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dismissed EB-2 (NIW)

General Manager

Private Country Club · 2024-12-11

Decision Date
2024-12-11
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's proposed endeavor is to continue employment as the general manager of a private country club. The petition seeks a national interest waiver for this role.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner did not establish the national importance of his endeavor, as the record lacked a sufficient link between his media arts background and general management duties.

2 Petitioner is well-positioned to advance the proposed endeavor Not Met

The petitioner was not found to be well-positioned, as his media arts education was not adequately connected to his general management role, and possessing skills in isolation was deemed insufficient.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The petitioner failed to demonstrate that waiving the job offer and labor certification requirements would be beneficial to the United States.

Why This Petition Was Denied

The petition was dismissed because the petitioner failed to meet all three Dhanasar prongs. Specifically, the record did not sufficiently link the petitioner's media arts educational background to the general management duties, failing to establish national importance or that the petitioner was well-positioned. The new evidence submitted on motion did not overcome these deficiencies or establish eligibility for EB-2 classification based on five years of progressive experience in media arts.

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-12-11.

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At a Glance

Outcome dismissed
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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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