dismissed EB-2 (NIW)

Designer

Publicity Field · 2024-09-18

Decision Date
2024-09-18
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 provide product design services to companies in the United States. These services are intended to foster company growth and success, promote innovation, enhance customer loyalty and profitability, and positively impact the publicity field in the United States.

Framework Evaluation

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

The petitioner did not provide sufficient explanation or evidence detailing innovation or 'new benchmarks' for the design industry as a whole, nor did the record adequately show how the petitioner's services would extend beyond prospective clients to impact the industry or U.S. economy more broadly at a level commensurate with national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. The Director's decision, which was adopted and affirmed, found insufficient evidence regarding the petitioner's innovation, 'new benchmarks,' or how his services would impact the industry or U.S. economy broadly at a national level. Specifically, there was a lack of sufficient evidence regarding projected U.S. economic impact or job creation directly attributable to his future work.

Evidence

Evidence Types
Original Contributions
Commercial Success

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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: 2024-09-18.

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

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