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dismissed EB-2 (NIW) RFE Issued

Accounting And Finance Manager

Accounting And Finance · 2023-11-07

Decision Date
2023-11-07
Location
Florida
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 work as an accounting and finance manager, making financial and investment recommendations to boost employer portfolios and maximize returns. He intends to assist U.S. enterprises, specifically a tropical produce import company, in identifying financial opportunities, assessing risk management, and reengineering internal processes to increase profits.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it primarily benefits individual employers.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner's education and experience do not sufficiently demonstrate he is well-positioned to advance the specific proposed endeavor.

3 Waiver Benefit to the US Not Met

The balancing test was not met because the first two prongs were not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1) and failed to show he was well-positioned to advance it (Prong 2). The decision noted that his work primarily benefited individual employers rather than the field or economy at a national level, and his new employment occurred after the filing date.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought evidence regarding the national importance of the work and the petitioner's qualifications. The petitioner provided a personal statement and expert letters, which were ultimately found to be conclusory.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Expert Opinion Letters
Industry Reports

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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: 2023-11-07.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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