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dismissed EB-2 (NIW) RFE Issued

Accountant

Accounting And Tax Consulting, Advisory And Audit Services · Colombia · 2024-05-30

Decision Date
2024-05-30
Location
Texas
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 create a consultancy providing professional accounting, tax, advisory, and audit services, specifically targeting small and medium-sized enterprises (SMEs). The endeavor utilizes a proprietary system to reduce operating costs and promote economic sustainability, while also establishing a virtual educational platform with a STEM approach for entrepreneurs.

Framework Evaluation

1 of 3 criteria met
1 Well Positioned to Advance the Endeavor Met

The Director determined the Petitioner was well positioned to advance the endeavor.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked national importance.

3 Waiver Benefit to the United States Not Met

The Petitioner did not satisfy the third prong of the Dhanasar framework.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not demonstrate that her specific endeavor had national importance or broader implications for the industry. Furthermore, the record failed to prove the Petitioner held an advanced degree equivalent, as she lacked the necessary five years of progressive post-baccalaureate experience in the specialty.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more detail on the specific ways the system would affect the accounting field and SMEs. The Petitioner provided a business plan and general economic data, which was deemed insufficient to show national importance.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Original Contributions

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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: 2024-05-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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