Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Chief Executive

Trade Marketing And Ecommerce Consultant And Business Executive · 2025-03-20

Decision Date
2025-03-20
Location
Tennessee
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 intends to work as a chief executive of his own company, providing consulting services in trade marketing and ecommerce primarily to small and growing businesses in the United States. He claims his specialized services will optimize trade marketing strategies, enrich social and cultural welfare, and foster innovation and competitiveness.

Framework Evaluation

1 of 3 criteria met
1 The petitioner is well positioned to advance the proposed endeavor. Met

The Director concluded the Petitioner was well-positioned to advance the endeavor, a finding the AAO did not re-evaluate or overturn.

2 The proposed endeavor has both substantial merit and national importance. Not Met

The AAO found the endeavor had substantial merit but failed to establish national importance, as evidence did not show significant potential to employ U.S. workers or substantial positive economic impact.

3 On balance, it would benefit the United States to waive the job offer and labor certification requirements. Not Met

The Director determined this prong was not met, and the AAO declined to address it as the failure to meet prong one was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that his proposed endeavor has national importance under Dhanasar's first prong. The evidence did not show significant potential to employ U.S. workers, substantial positive economic impact, or broad industry impact beyond his company and clients. Financial projections of $2.5 million revenue and 11 employees by year five lacked corroborating evidence and were not deemed nationally significant for a small company in Tennessee.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the proposed endeavor, specifically regarding its potential to employ U.S. workers or have substantial positive economic effects. The petitioner's response, including business plans and general industry reports, was deemed insufficient to objectively substantiate these claims.

RFE Targets
The proposed endeavor has both substantial merit and national importance.

Evidence

Evidence Types
Reference Letters Independent

Similar Cases

Chief Executive Officer (CEO)

Financial Services

USCIS EB-2 (NIW) dismissed
Florida 2025-03-18
The petitioner proposes to serve as the chief executive of a limited liability company offering customized trade compliance support and services. This includes developing strategic compliance plans, conducting in-depth performance analysis, optimizing resource allocation, and providing accurate performance reporting.

Chief Executive Officer (CEO)

Marketing and Advertising

USCIS EB-2 (NIW) dismissed
California 2025-03-05
The petitioner proposes to serve as the chief executive officer/marketing consultant of a digital marketing company based in California. This company aims to offer tailored solutions to empower small and medium-sized businesses in the United States, focusing on driving success, expanding sales, fostering profitable growth, and setting new industry standards. It also intends to offer services to Brazilian businesses expanding into the U.S. market.

Chief Executive Officer (CEO)

Marketing and Advertising

USCIS EB-2 (NIW) rfe dismissed
2025-01-30
The petitioner proposes the operation of a digital marketing business that 'will improve the competitive edge' of small businesses, 'enabling them to grow, innovate, and expand their market reach, which will result in substantial economic benefits.'

Chief Executive Officer (CEO)

Consulting

USCIS EB-2 (NIW) rfe dismissed
2025-02-24
The Petitioner proposes to operate a consulting firm focused on establishing, initiating, and optimizing business development strategies based on business intelligence. The company's primary objective is to expand businesses globally through foreign trade, supporting the import and export of products with a focus on the automation and electronic security segment.

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.

Browse More Cases

More dismissed cases More Marketing and Advertising cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-20.

Browse all cases

At a Glance

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

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist