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dismissed EB-2 (NIW) RFE Issued

Chief Executive

Venture Capital And Startup Acceleration Company ยท 2024-09-24

Decision Date
2024-09-24
Location
California
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 establish foundational capabilities for venture capital investment and startup acceleration. His business model focuses on identifying early-stage to fast-growing U.S. startups, connecting them with foreign institutional capital through venture capital investment programs, and mentoring portfolio startups and U.S.-based venture capital partners to enhance their growth, partnerships, and operational strategies.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The proposed endeavor was found to lack substantial merit and national importance, as the petitioner failed to provide sufficient evidence of its broader implications, enhancements to U.S. societal welfare, or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first Dhanasar prong. The USCIS found insufficient evidence to demonstrate that the proposed endeavor's prospective impact offers broader implications, enhances U.S. societal welfare, or provides substantial positive economic effects for the country. The Petitioner's projections for 12 direct employees and $3,500,000 in revenue by year three lacked sufficient detail and basis, failing to show the benefits would reach the level of 'substantial positive economic effects' contemplated by Dhanasar. Consequently, the AAO declined to evaluate the second and third prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the proposed endeavor's national importance, the petitioner's position to advance it, and the overall benefit of waiving the job offer. The petitioner responded with extensive documentation, but it was deemed insufficient to meet the national importance criterion.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Independent
Commercial Success
Government Alignment
Media Coverage

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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: 2024-09-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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

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