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dismissed EB-2 (NIW) RFE Issued

Human Resources And Business Development Manager

Telecommunications And Energy · Ecuador · 2024-05-14

Decision Date
2024-05-14
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 expand her family's telecommunications and energy business into Florida. The endeavor involves managing administrative processes, opening a warehouse for purchasing and exporting machinery to Latin America, and providing services for the installation and maintenance of photovoltaic systems.

Framework Evaluation

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

The Director found the petitioner well-positioned based on her background and the company's history in Ecuador.

2 Substantial Merit and National Importance Not Met

While the merit was established, the petitioner failed to show the endeavor had national importance or broader implications for the field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not demonstrate that the benefits of her contributions outweighed the need for a labor certification.

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. Specifically, she did not provide a requested detailed description in the RFE, and the evidence failed to show the work would have broader implications for the field or significant economic effects beyond her own business.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought clarification on the national importance of the endeavor and the balance of interests for a waiver. The petitioner provided general industry reports but failed to detail her specific prospective impact.

RFE Targets
Substantial Merit and National ImportanceOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Awards
Government Alignment

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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: 2024-05-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

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

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