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dismissed EB-2 (NIW) RFE Issued

CEO

Sales Consulting Corporation · 2024-09-06

Decision Date
2024-09-06
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 work as a CEO for a consulting corporation that will target large and small companies in various trade sectors. The petitioner will provide tailored sales consulting support and various other services to help clients increase revenues and implement successful sales strategies, including revenue generation, employment, market expansion, data analytics and technology, customer satisfaction, compliance and ethical practices, supply chain management, competitive advantage, and tax revenue.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but it lacked national importance as it did not demonstrate sufficient prospective impact beyond small businesses or substantial positive economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under Dhanasar's first prong. Although a business plan forecasted sales from $420K in year 1 to $1.5MM in year 5, the Petitioner did not demonstrate the significance of this data to show substantial positive economic effects for the nation. The Director initially denied the petition for an untimely RFE response, then withdrew the denial but found the additional evidence insufficient to establish eligibility for a national interest waiver.

Request for Evidence (RFE)

Unsuccessfully Addressed

A Request for Evidence (RFE) was issued, and the Director initially denied the petition due to an untimely response. Although the denial was later withdrawn, the additional evidence provided was deemed insufficient to establish eligibility for a national interest waiver.

RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 3

Evidence

Evidence Types
Business Plan

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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: 2024-09-06.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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