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dismissed EB-2 (NIW) RFE Issued

Chief Executive / Entrepreneur / Treasurer And Controller

Wallpaper Industry / Transportation / Finance · 2024-08-13

Decision Date
2024-08-13
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 proposed multiple conflicting endeavors, including advancing the U.S. business and technology sectors through a wallpaper company, a transportation company, and providing expert treasury and business controllership services to U.S. companies.

Framework Evaluation

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

The petitioner failed to establish this prong due to significant inconsistencies in the record regarding what the specific proposed endeavor actually was.

Why This Petition Was Denied

The appeal was dismissed because the petitioner provided inconsistent descriptions of the proposed endeavor, failing the first Dhanasar prong. Additionally, the AAO withdrew the Director's finding that the petitioner qualified as an advanced degree professional, noting his three-year degree and experience could not be combined to meet the EB-2 requirement.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence to establish the national interest waiver; the petitioner's response failed to resolve inconsistencies between his business plan for a wallpaper company and his statements regarding financial roles.

RFE Targets
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: 2024-08-13.

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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 3,813
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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