dismissed EB-2 (NIW)

Sales Operation Manager Entrepreneur

Sales · 2024-09-11

Decision Date
2024-09-11
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 be a sales operation manager and intends to offer courses in the field of sales. In her initial cover letter, the Petitioner states that she will accomplish the following goals: "I will promote business development in the business field ultimately contributing to the markets in the United States. I will use my knowledge and expertise to expand communication channels in national and international markets, multiplying sales through my consulting expertise by playing a critical role in the marketing process in different segments that involve technical sales, directly impacting several companies and revenues in the United States."

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. Specifically, she did not demonstrate at least ten years of full-time experience in her occupation, command a salary indicative of exceptional ability, or provide evidence of recognition for achievements and significant contributions to the industry by peers, governmental entities, or professional organizations. The USCIS did not evaluate the Dhanasar prongs as the petitioner was ineligible for the underlying visa.

Evidence

Evidence Types
Reference Letters Dependent
High Salary
Commercial Success
Original Contributions

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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: 2024-09-11.

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At a Glance

Outcome dismissed
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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