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dismissed EB-2 (NIW) RFE Issued

Accountant

Accounting Business · 2024-12-03

Decision Date
2024-12-03
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 company focused on the accounting business, specifically in the area of audit, particularly with regard to realty management companies. The endeavor aims to introduce innovative solutions to address financial management challenges, revolutionize accounting and audit processes, enhance transparency, and foster economic revitalization through establishing a platform.

Framework Evaluation

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

USCIS found that while the endeavor had substantial merit, the Petitioner failed to demonstrate its national importance due to a lack of specific evidence on broad impact or substantial positive economic effects, including job creation or significant economic contribution.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of their proposed endeavor under the first Dhanasar prong. The record lacked sufficient evidence to demonstrate how providing accounting and auditing services for prospective clients would broadly impact U.S. interests or the accounting/audit sector at a national level. The Petitioner also did not show significant potential to employ U.S. workers or offer substantial positive economic effects, as no probative evidence was provided for the company's realistic potential to operate, generate revenue, or create jobs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to establish that the Petitioner's proposed endeavor had substantial merit and national importance, as well as documentation for EB-2 eligibility and the second and third Dhanasar prongs. In response, the Petitioner clarified their focus on auditing realty management companies and establishing an innovative platform, but did not provide sufficient detail or evidence to demonstrate national importance or economic impact.

RFE Targets
The proposed endeavor has both substantial merit and national importance.prong 2prong 3eb2 eligibility

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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: 2024-12-03.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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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