dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Social And Cultural Management · Russia · 2024-07-29

Decision Date
2024-07-29
Location
United States
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 establish an independent business in the field of social and cultural management focused on the body-positive social movement. The endeavor includes educational programs, community building, and social support activities such as meetings, book clubs, and dance clubs to address mental health issues.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or significant prospective impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor under the first Dhanasar prong. Financial projections in the business plan were found to be contradictory and unsupported, and the cultural impact was deemed to be localized rather than having a broad industry-wide or national effect.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for all three Dhanasar prongs; the petitioner submitted tax records, expert letters, and bank statements in response.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-07-29.

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At a Glance

Outcome dismissed
RFE Issued
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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