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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Travel And Tourism · 2024-11-22

Decision Date
2024-11-22
Location
Virginia
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 create a company in the United States offering travel-related services, including through the development of an online portal. The endeavor aims to contribute to the U.S. economy through increased tourism activity, job creation, and taxes.

Framework Evaluation

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

The AAO agreed with the Director that the petitioner failed to establish the national importance of her proposed endeavor, despite acknowledging its substantial merit.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had national importance under Dhanasar's first prong. While the endeavor had substantial merit, the petitioner did not demonstrate broader implications or substantial positive economic effects beyond general assertions and unsupported projections for job creation (5 employees in year 1, 15 by year 5) and taxes. The AAO did not reach conclusions on prongs two and three, deferring to the Director's initial findings that they were not met.

Request for Evidence (RFE)

Successfully Addressed

A Request for Evidence (RFE) was issued by the Director, which concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. This RFE addressed the underlying EB-2 classification requirement.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-11-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

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

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