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dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Field Of Sales And Marketing

Sales And Marketing · Brazil · 2024-05-06

Decision Date
2024-05-06
Location
Florida
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 develop a marketing consulting firm in Florida that offers a one-stop-shop platform linking donors and causes. The endeavor targets the nonprofit industry to provide an e-commerce marketplace for organizations lacking such platforms to assist in their marketing and fundraising strategies.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director determined the petitioner was well-positioned to advance the endeavor based on his 25 years of experience.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked evidence of national importance or broader implications for the field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner failed to demonstrate that waiving the labor certification would benefit the U.S. on balance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. The record contained material inconsistencies regarding job creation numbers (42 vs. lower projections) and payroll figures ($7.1 million vs. $2.2 million), and the proposed location was not actually in a HUBZone as claimed. Additionally, expert letters were given less weight due to inconsistencies regarding the petitioner's specific role and field of work.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for more evidence on all three prongs; the petitioner resubmitted evidence and provided a new professional plan and reference letters.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Reference Letters Independent
Commercial Success
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: 2024-05-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 5

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

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