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 employment as an account specialist in an insurance agency. The Petitioner claims that, upon receipt of permanent resident status, she also intends to obtain her e-file license to provide additional accounting services. The Petitioner intends to organize and lead accounting-related workshops and seminars and disseminate accounting knowledge through her social media. She also has a goal of contributing to the financial literacy and access of underrepresented communities, such as Hispanic communities.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The proposed endeavor was found to have substantial merit, but the Petitioner failed to demonstrate its national importance, as its impact was limited to her employer, clients, and social media viewers, not extending to broader implications for the field or U.S. economy.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to satisfy the first prong of the Dhanasar framework. USCIS found that while the endeavor had substantial merit, its national importance was not established, as its impact was limited to the Petitioner's employer, clients, and social media viewers, rather than having broader implications for the field or U.S. economy. The expert opinion letters were deemed insufficient to demonstrate broader impact beyond the general need for accountants, and the alleged shortage of accountants was not sufficient to establish national importance under Dhanasar.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE questioned the Petitioner's proposed endeavor, noting a material change from an accounting specialist to an insurance agent, e-file provider, and educator, and challenged the national importance of her work. The Petitioner responded by clarifying her endeavor and asserting its broader impact, but USCIS found the response did not sufficiently establish national importance.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The Petitioner intends to work with small- and medium-sized businesses to help them comply with reporting obligations and strategically use profits and investments to increase business capacity and employment. He aims to optimize operations, reduce costs, and improve financial performance for his clients.
The petitioner proposes to found an accounting, tax preparation, bookkeeping, and payroll services firm. This firm would offer accounting outsourcing, tax preparation outsourcing, payroll processing outsourcing, accounts payable management outsourcing, and corporate opening and ITIN registration services to American companies.
The petitioner proposes to offer her vast experience to implement the most modern accounting strategies and techniques, evaluate financial operations, recommend best practices, identify problems and create strategies and solutions, help organizations run efficiently, provide guidance on reducing costs, increasing revenue, and maximizing profits, and provide risk analysis to drive exponential growth for U.S. organizations.
The petitioner proposes to work as an accountant in Massachusetts, providing services such as financial management, fiscal management, and forensic accounting. He intends to integrate AI into accounting services to address labor shortages and improve economic efficiency. Additionally, he plans to conduct field research to identify errors in financial reporting and align his work with United Nations Sustainable Development Goals.
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.
