dismissed EB-2 (NIW)

General Manager Of A Private Country Club

Private Country Club · 2024-07-08

Decision Date
2024-07-08
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 employment as the general manager of a private country club, focusing on managing operations and returning the business to financial profitability.

Framework Evaluation

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

The endeavor of managing a private club was found to lack national importance as it did not show broader implications beyond the specific organization.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not provide sufficient evidence of a track record of success or relevant expertise linking his education to his current management role.

3 On Balance, Beneficial to Waive Job Offer Not Met

Because the first two prongs were not met, the petitioner failed to demonstrate that a waiver of the labor certification would benefit the U.S.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet any of the three Dhanasar prongs and did not establish underlying EB-2 eligibility. Specifically, he lacked evidence of five years of progressive experience in media arts and did not meet the regulatory criteria for exceptional ability.

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: 2024-07-08.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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