dismissed EB-2 (NIW) RFE Issued

Accountant

Accounting · Brazil · 2024-07-01

Decision Date
2024-07-01
Location
Massachusetts
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 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.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks national importance as the benefits are localized to specific clients rather than the field or economy at large.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1) and did not prove he held a U.S. equivalent advanced degree. The AAO found his Bachelor of Accounting Sciences from Brazil was completed in only two years, which does not meet the four-year U.S. baccalaureate equivalency required for EB-2 classification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a NOID regarding EB-2 qualifications and the Dhanasar prongs; the petitioner responded with an updated professional plan and additional letters.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3advanced degree qualification

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Academic Records
Credential Evaluation

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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: 2024-07-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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