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dismissed EB-2 (NIW) RFE Issued

Quality Control Manager

Quality Control Consulting · Russia · 2024-11-04

Decision Date
2024-11-04
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 operate a quality control consulting company that provides quality assurance reviews for various hospitality and related businesses, including hotels, restaurants, retail spaces, museums, amusement parks, and travel agencies.

Framework Evaluation

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

The Petitioner failed to demonstrate how her specific endeavor would have a nationally important impact on the hospitality field, create U.S. jobs, or offer substantial positive economic effects, and her business plan's financial projections lacked credibility.

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

The Petitioner lacked certified academic records, demonstrated insufficient experience in diverse areas of her proposed consulting work (beyond hotels), and provided no evidence of progress, contracts, or client interest for her new business.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the EB-2 advanced degree classification due to a lack of certified translations for academic records. Furthermore, the Petitioner did not meet the Dhanasar framework for a national interest waiver: Prong 1 (substantial merit and national importance) was not met as the evidence did not demonstrate national impact or credible financial projections. Prong 2 (well-positioned) was not met due to the Petitioner's lack of diverse experience beyond hotels, insufficient progress, and a business plan lacking supporting details for its financial claims. Prong 3 was not reached.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence, and the petitioner responded with documents including an employment agreement, client interest letters, and presentations. However, these were not considered as they originated after the petition's filing date, and some foreign language documents lacked proper translations.

RFE Targets
Proposed endeavor has both substantial merit and national importancePetitioner is well-positioned to advance the proposed endeavor

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success
Reference Letters Independent

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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: 2024-11-04.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

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 EB-2 (NIW) in Russia All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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