Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Accounting /Business · 2024-08-13

Decision Date
2024-08-13
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, an entrepreneur in accounting/business, seeks a national interest waiver. The proposed endeavor involves business activities that the Director found did not demonstrate national importance or significant potential to employ U.S. workers or offer substantial positive effects for the United States.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Director concluded the petitioner had not shown the proposed endeavor would impact the field more broadly at a level commensurate with national importance.

2 Petitioner is well-positioned to advance the endeavor Not Met

The Director concluded the petitioner had not demonstrated the proposed endeavor realistically has the significant potential to employ U.S. workers or offer substantial positive effects for the United States. Evidence of investors was incorrectly considered under Prong 1 instead of Prong 2.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director concluded the petitioner did not establish that a waiver of the required job offer and labor certification would be in the national interest.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the national interest waiver. The Director found the proposed endeavor lacked national importance and did not demonstrate significant potential to employ U.S. workers or offer substantial positive effects. The petitioner's motions to reopen and reconsider were properly dismissed as they presented no new facts or arguments regarding incorrect application of law or policy, and the underlying petition remains denied.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner repeated verbatim her arguments regarding the national importance of her proposed endeavor from the initial petition letter and her request for evidence response without explaining why the Director should find these claims any more persuasive than before. She also referenced previously submitted evidence offering the same or similar arguments.

RFE Targets
prong 1 national importance

Similar Cases

Accountant

Financial Services

USCIS EB-2 (NIW) rfe dismissed
2022-09-09
The petitioner proposed to operate a business as an entrepreneur and/or seek employment in the field of accounting, claiming it would have a ripple effect across industries and be national in scope.

Entrepreneur

Financial Services

USCIS EB-2 (NIW) dismissed
Florida 2024-08-09
The petitioner proposes starting a company that will provide consulting, training, and education to individuals and organizations. The aim is to better inform them about financial compliance and sound financial strategy.

Chief Executive Officer (CEO)

Consulting · Brazil

USCIS EB-2 (NIW) rfe dismissed
Brazil 2024-04-25
The petitioner proposes to establish and operate a U.S.-based company, C-F-A-LLC, providing accounting, tax, contract management, and financial consulting services. The endeavor aims to educate individuals and small-to-medium enterprises on financial matters to support their market competitiveness and long-term development.

Entrepreneur

Financial Services

USCIS EB-2 (NIW) rfe dismissed
2024-01-18
The petitioner proposes to operate as an entrepreneur providing financial services to financial institutions. The work aims to optimize investments, support small and medium-sized businesses, improve decision-making, and enhance financial operations.

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.

Browse More Cases

More dismissed cases More Consulting cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-13.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist