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dismissed EB-2 (NIW) RFE Issued

General And Operations Manager

Unknown Industry · 2024-09-20

Decision Date
2024-09-20
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 continue her career in the United States by applying project management and marketing communication strategies to lead opportunities that encourage and strengthen entrepreneurship and innovation. She intends to act as a liaison between GovTech companies, accelerators, and governments to identify areas of opportunity and collaboration, develop strategies to facilitate technology transfer, and create an environment that supports developing and implementing cutting-edge technology in the public sector.

Framework Evaluation

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

The petitioner failed to provide sufficient details about her intended projects, such as an operational plan, a timeline, or quantifiable business metrics, making it unclear how her general professional interests translate into an endeavor of national importance.

2 The individual is well-positioned to advance their proposed endeavor Not Met

USCIS declined to reach a finding on this prong, reserving arguments concerning the Director's finding that the petitioner had not established eligibility for EB-2 classification and the remaining Dhanasar framework requirements.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

USCIS declined to reach a finding on this prong, reserving arguments concerning the Director's finding that the petitioner had not established eligibility for EB-2 classification and the remaining Dhanasar framework requirements.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework. USCIS found insufficient evidence to establish that the proposed endeavor has national importance, citing a lack of specificity regarding the endeavor's nature, intended projects, operational plan, timeline, or quantifiable business metrics. The decision also noted that merely working in an important field (STEM) is not sufficient without demonstrating the specific endeavor's potential prospective impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence regarding the substantive nature of the petitioner's proposed endeavor. The petitioner responded by claiming she could train other individuals with her skills and knowledge, but this did not sufficiently address the lack of specificity regarding her endeavor's national importance.

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

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-09-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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