How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the Accounting and Financial Management Consulting Services industry affect EB-2 NIW petition outcomes?

The Accounting and Financial Management Consulting Services sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Financial Management Consultant, A Tax Consultant, And An Entrepreneur

Accounting And Financial Management Consulting Services · 2024-07-09

Decision Date

2024-07-09

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 operate a firm specializing in meticulous accounting, financial management consulting, and tax services for individual and corporate sectors. The endeavor aims to provide specialized assistance in financial advice and annual financial statement services to enhance client productivity and navigate intricate financial landscapes.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked national importance as the potential impact was limited to the petitioner's clients and not the field or economy more broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy Prong 1 of the Dhanasar framework, specifically regarding national importance. While the endeavor had substantial merit, the projected creation of 21 direct and 27 indirect jobs and $4.77 million in revenue were deemed speculative and not supported by objective evidence. The record did not show that the firm's impact would rise to the level of substantial positive economic effects for the nation or a specific region.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the proposed endeavor's national importance. The petitioner provided a business plan and financial projections, but these were found to be speculative and lacking objective corroboration.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

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: 2024-07-09.

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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

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

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