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dismissed EB-2 (NIW) RFE Issued

Accountant, Chief Executive Officer (CEO)

Accounting And Financial Services · 2024-08-23

Decision Date
2024-08-23
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 establish a consulting company focusing on financial market analysis, particularly in International Financial Reporting Standards (IFRS) compliance and strategic financial planning. The company will offer services including IFRS compliance consulting, financial strategy development, compliance training programs, financial reporting optimization, regulatory advisement, strategic financial planning, corporate governance enhancement, sustainability reporting, and continuous advisory support.

Framework Evaluation

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

While the substantial merit of the proposed endeavor was established, the petitioner failed to demonstrate its national importance by not providing evidence of broader impact beyond individual clients or specific government concerns, nor did the business plan project significant job creation or economic effects commensurate with national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first Dhanasar prong. Although the substantial merit was acknowledged, the petitioner did not provide evidence demonstrating how her company's work would extend beyond assisting individual clients to impact the field more broadly, nor did she provide specific projections for job creation or substantial positive economic effects. The decision did not reach the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further description of the proposed endeavor and evidence to establish its national importance. The petitioner responded with a business plan and articles, but these were found insufficient to demonstrate national importance beyond individual client assistance.

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

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent

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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: 2024-08-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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