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dismissed EB-2 (NIW) RFE Issued

Consultant In The Tourism Industry

Tourism Industry · Mexico · 2024-05-30

Decision Date
2024-05-30
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 operate a U.S. business providing consulting services to tourism development projects in rural areas. The endeavor aims to create economic and cultural benefits for U.S. rural communities by leveraging the petitioner's 25 years of experience in business and tourism consultancy.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to potential economic benefits, but lacks national importance as it does not impact the industry more broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor; an economic study provided was deemed to represent only a tiny fraction of the U.S. tourism industry. Although the petitioner met the EB-2 advanced degree requirement and the endeavor had substantial merit, the impact was found to be limited to the petitioner's clients rather than the industry broadly.

Request for Evidence (RFE)

Successfully Addressed

The RFE requested additional evidence of qualifying experience; the petitioner responded with letters from other employers.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-05-30.

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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 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

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

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