dismissed EB-2 (NIW)

Tax Consulting Company Owner

Accounting And Tax Consulting · 2024-07-17

Decision Date
2024-07-17
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 own and operate a tax consulting company providing specialized services such as tax planning, inheritance issues, and charitable giving to individuals and businesses. The endeavor also includes business incorporation services, drafting meeting minutes, and obtaining business licenses to help clients navigate complex tax obligations and optimize financial outcomes.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it primarily benefits private clients rather than the field or economy more broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong regarding national importance. While the endeavor had substantial merit, the projected revenue of $1,689,409 and the creation of 18 full-time jobs by year five were deemed insufficient to demonstrate a scale of national importance or broader industry impact. Additionally, expert letters were found to focus more on the petitioner's background than the specific prospective impact of the proposed business.

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: 2024-07-17.

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At a Glance

Outcome dismissed
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

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