dismissed EB-2 (NIW) RFE Issued

Business Management Consultant, And Chief Operating Officer (General Manager)

Telecommunications, Information Technology, Imaging, And Electronics ยท 2024-08-26

Decision Date
2024-08-26
Location
Texas
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 business management consultant and chief operating officer of his own enterprise. His endeavor focuses on supporting established U.S. manufacturing companies and startups to expand their "Made in the USA" or "Brand of USA" footprint for telecommunications products in international markets, specifically the Middle East, North Africa, Southeast Asia, and Southwest Asia.

Framework Evaluation

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

The Petitioner established the substantial merit of his endeavor but failed to provide sufficient probative evidence to demonstrate its national importance, as his economic projections and assertions lacked a broader national impact.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the first Dhanasar prong, specifically regarding the national importance of his endeavor. While the endeavor had substantial merit, the economic projections of creating 41 jobs and generating $6,180,013 in revenue over five years, even in an economically depressed area like Texas, were deemed insufficient to demonstrate national importance. The Petitioner's assertions about innovation, increased exports, and alignment with Biden Administration initiatives lacked probative evidence to support a broader impact on the fields of sales, business consulting, telecommunications, information technology, imaging, and electronics.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE on September 20, 2023, noting deficiencies in the initial evidence. The Petitioner responded on December 12, 2023, but the response was ultimately deemed insufficient to establish eligibility for the national interest waiver.

Evidence

Evidence Types
Commercial Success
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: 2024-08-26.

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

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